Texas Attorney General Ken Paxton’s office has filed lawsuits against five cities in the state, accusing them of adopting policies that violate Texas laws regarding marijuana enforcement. The cities named in the lawsuits are Denton, Austin, Elgin, Killeen, and San Marcos.
In a statement, Paxton described these cities as being run by “criminal extremists” and expressed his determination to prevent them from promoting the use of illicit drugs that harm communities. He emphasized the need for Texas to have a law that ensures cities follow the law passed by the legislature.
The legal action comes after Denton voters approved Proposition B in November 2022, which aimed to decriminalize cannabis in the city. The proposition passed with an overwhelming 71% of voters in favor. By August 2023, four other Texas cities also joined the cannabis decriminalization movement.
Under Proposition B, the city code was amended to eliminate citations and arrests for possession of less than 4 ounces of marijuana, unless there were other associated crimes. However, members of law enforcement groups had voiced their opposition to the proposition, arguing that it conflicted with state law.
In the court filing, Paxton’s office requested a judge to halt the changes made by Proposition B to Denton’s city ordinance, asserting that the city cannot adopt a policy that fails to fully enforce state and federal drug laws. The attorney general’s office made similar arguments for the other four cities involved in the lawsuits.
The lawsuits claim that these cities’ ordinances are inconsistent with laws enacted by the Texas Legislature, which is considered unlawful under the Texas Constitution.
While Denton city officials have acknowledged the lawsuit, they have refrained from commenting due to the pending litigation.
This legal battle between the Texas Attorney General’s office and the cities highlights the ongoing debate over marijuana decriminalization and the role of local governments in enforcing drug laws. It remains to be seen how the lawsuits will proceed and what the implications will be for marijuana policies in Texas.
