Texas AG Ken Paxton Sues Dallas Over Cannabis Decriminalization Reform

Texas Attorney General Ken Paxton has filed a new lawsuit against Dallas, this time targeting Proposition R, a voter-approved amendment decriminalizing possession of up to four ounces of marijuana. The lawsuit marks the second time that Paxton has sued the city, intensifying his legal battle against local cannabis reforms.

New Cannabis Decriminalization Rules Take Effect in Dallas

Proposition R, passed by 66% of Dallas voters on November 5, prohibits police from making arrests or issuing citations for low-level marijuana possession. It also bars officers from using the smell of marijuana as probable cause, unless investigating felonies and mandates that misdemeanor marijuana offenses be a low enforcement priority. 

According to The Dallas Morning News, city officials began enforcing the amendment this week, despite warnings of legal challenges.

Texas AG Claims Cities Cannot Override State Drug Laws

Nevertheless, Paxton contends that the amendment violates state law, asserting that cities cannot override Texas drug statutes. “The city of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them,” Paxton said in a press release on Thursday. 

“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,” he added.

• Get Benzinga’s exclusive analysis and the top news about the cannabis industry and markets daily in your inbox for free. Subscribe to our newsletter here. If you’re serious about the business, you can’t afford to miss out.

Paxton Vs. Texas Voter-Backed Cannabis Reforms

This legal action is part of a broader effort by Paxton to challenge a statewide trend of voter-led initiatives aimed at decriminalizing cannabis. Earlier this year, he sued five other cities -Austin, Denton, Elgin, Killeen and San Marcos- over similar measures. 

Furthermore, Paxton has repeatedly argued that municipalities lack the authority to override state law, calling the actions of these cities "pro-crime extremism."

Read Also: How Trump’s Election Could Revolutionize Cannabis And Cryptocurrency, CEO Says

Advocacy group Ground Game Texas (GGT), which supported Proposition R, criticized Paxton's lawsuit as baseless. The group argues that the amendment focuses on enforcement priorities rather than legalizing marijuana, making it compliant with state law. Supporters have also highlighted its potential to reduce racial disparities in arrests and prevent the misuse of public funds.

"It's unfortunate but not surprising that Attorney General Ken Paxton has apparently chosen to waste everyone's time and money by filing yet another baseless lawsuit against marijuana decriminalization," said Catina Voellinger, executive director of GGT, according to The Dallas Morning News.

This clash highlights the growing divide between Texas' restrictive cannabis laws and grassroots movements pushing for reform. Judges have previously overturned Paxton's lawsuits against other cities, but appeals remain ongoing.

Read Next:

• GOP-Led Group Calls For Legal Cannabis In Indiana: ‘Tell Your Legislator It’s Time’

Image generated with AI tools.