Texas Attorney General Ken Paxton filed a lawsuit Thursday against the city of Dallas, claiming its new marijuana ballot measure conflicts with state law and undermines law enforcement, The Hill reported.
The contested measure, Proposition R, prohibits law enforcement from arresting or citing individuals for marijuana possession and using the smell of marijuana as probable cause for searches or seizures. The amendment, approved by Dallas voters, aims to reduce marijuana-related arrests and curb racially biased policing.
Paxton argued the measure conflicts with Texas state law, which prohibits marijuana possession and permits law enforcement to act accordingly.
"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."
Ground Game Texas, an advocacy group that supported Proposition R, maintains the measure promotes justice reform and fiscal responsibility. According to the organization, the policy could help "keep people out of jail for marijuana possession," "reduce racially biased policing," and "save millions in public funding."
Supporters of Proposition R argue that enforcing marijuana laws disproportionately affects communities of color and burdens taxpayers with the cost of incarceration for minor drug offenses. However, opponents, including Paxton, contend such measures encourage crime, drug abuse, and public safety risks.
This lawsuit marks the fifth legal action Paxton has filed this year against Texas cities attempting to implement similar marijuana decriminalization policies. In January 2024, Paxton's office initiated lawsuits against Austin, San Antonio, and two other municipalities, citing efforts to bypass state law as unconstitutional.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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