Texas AG Suing City of Dallas Over Voter-Backed Cannabis Decriminalization Policy

Texas Attorney General Ken Paxton (R) on Thursday filed a lawsuit against the city of Dallas over the cannabis decriminalization policy approved by voters there during the recent election.

The reforms in Dallas make low-level cannabis possession the “lowest enforcement priority” for local law enforcement, effectively decriminalizing cannabis possession within the city limits up to four ounces. Two-thirds of state voters supported the proposal.

“Cities cannot pick and choose which State laws they follow. 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.” — AG Paxton, in a press release

Thursday’s filing marks the second time Paxton has sought to overturn locally approved cannabis reforms. Previously, the attorney general’s office filed a lawsuit against the cities of Austin, Denton, Elgin, Killeen, and San Marcos after the municipalities adopted voter-backed cannabis decriminalization policies — but a judge dismissed the suit in June, saying the attorney general had no legal justification for the complaint.

Two other Texas cities voted alongside Dallas this year to decriminalize low-level cannabis possession: Bastrop and Lockheart, which both passed the reforms with more than two-thirds voter support.