Attorney General Ken Paxton has launched a lawsuit against the City of Dallas, challenging a recent city charter amendment. This amendment, known as Proposition R, forbids the Dallas Police Department from making arrests or issuing citations related to marijuana possession and would not allow the smell of marijuana to serve as probable cause for searches and seizures. According to a press release from the Texas Attorney General's Office, this measure is an illegal effort to decriminalize marijuana-related offenses and is in conflict with Texas drug laws.
Paxton argues that cities cannot selectively enforce state laws, citing the Texas Constitution and the Texas Local Government Code, which prohibits any political subdivision from adopting "a policy under which the entity will not fully enforce laws relating to drugs," as mentioned in the same press release. "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 stated. His office contends that adopting such ordinances leads to increased crime, drug abuse, and violence.
Previously in January 2024, Paxton sued five cities for similar policies aimed at decriminalizing marijuana, asserting his commitment to the uniform enforcement of drug prohibitions. The Attorney General's office sees these moves by municipalities as stepping stones to broader criminal activity and disorder. The recent action against Dallas represents a continuation of Paxton's effort to maintain a hardline stance on drug enforcement across Texas.
