DALLAS (CN) — Texas Attorney General Ken Paxton filed a lawsuit Wednesday seeking to block the implementation of Proposition R, a ballot measure passed by Dallas voters that decriminalizes marijuana possession within the city limits.
Also known as the Dallas Freedom Act, the measure passed Nov. 5 with close to 67% of the vote. It amends the Dallas City Charter to prohibit Dallas police from arresting or citing people for possessing four ounces or less of cannabis. It also says the smell of marijuana may not be used as probable cause for search or seizure, except as part of violent felony or high-priority narcotics felony investigations. The measure was placed on the ballot through a citizen petition drive spearheaded by the progressive advocacy group Ground Game Texas. It’s set to take effect Jan. 1, 2025.
In a complaint filed in the Dallas County District Court, Paxton claims the amendment violates the Texas Local Government Code, which prohibits local governments and police departments from refusing to enforce state and federal drug laws, and the Texas Constitution, which says that municipalities may not adopt ordinances that are inconsistent with state law. The Texas Health and Safety Code criminalizes the possession of marijuana in any amount.
“Cities cannot pick and choose which state laws they follow,” Paxton said in a statement. “The city of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them. This is a backdoor attempt to violate the Texas Constitution, and any city that tries to constrain police in this fashion will be met swiftly with a lawsuit by my office.”
Paxton seeks temporary and permanent injunctions voiding Proposition R and requiring Dallas to fully enforce state drug laws. Defendants the city of Dallas, the Dallas mayor, mayor pro tem, city manager and police chief and the members of the Dallas City Council.
The city did not respond to requests for comment on the lawsuit.
In January, Paxton sued five other Texas cities, including the state capital Austin, over similar marijuana decriminalization measures, accusing cities with such policies of trying to “create anarchy by picking and choosing the laws they enforce.”
“I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities,” Paxton said at the time.
Judges have dismissed Paxton’s lawsuits against Austin and San Marcos, and Paxton has appealed. The city of Elgin has agreed to void its marijuana decriminalization ordinance in response to Paxton’s lawsuit, and the lawsuits against Killeen and Denton are still pending.