Ken Paxton sues Dallas over voter-approved amendment to decriminalize marijuana

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Posted on 11/21/2024 11:41:45 AM PST by DFG

Texas Attorney General Ken Paxton has sued the City of Dallas after it adopted a voter-approved charter amendment that decriminalizes possessing less than 4 ounces of marijuana.

About 67 percent of Dallas voters approved Proposition R in the November election.

The amendment prohibits Dallas Police from making arrests or issuing citations for possession of up to 4 ounces marijuana. It also blocks the smell of marijuana from being used as probable cause for search or seizure and prohibits the use of city resources for THC tests, except as a part of a violent felony or felony narcotics investigation.

The City of Dallas directed the city to comply with the amendment earlier this week.

Recreational marijuana is still illegal in Texas.

Paxton's lawsuit says that municipalities cannot refuse to enforce Texas drug laws.

"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." wrote Paxton in a statement.

The lawsuit is far from a surprise.

In January 2024, Paxton sued cities who passed similar measures, including Denton, Austin, San Marcos, Killeen and Elgin.

Judges overturned Paxton's lawsuits against Austin and San Marcos.

The lawsuit against the city names Dallas Mayor Eric Johnson, city council members, interim city manager Kimberly Tolbert and interim police chief Michael Igo.

On Tuesday, Dallas City Council member Cara Mendelsohn proposed adding a clause to the amendment stating that Proposition R would not be enforced unless the state legalized marijuana. Council members voted against it.

(Excerpt) Read more at fox4news.com ...

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1 posted on 11/21/2024 11:41:45 AM PST by DFG

To: DFG

2 posted on 11/21/2024 11:44:46 AM PST by FlingWingFlyer (Let's Go Brandon! FCS (Schumer))

To: FlingWingFlyer

3 posted on 11/21/2024 11:53:55 AM PST by iamgalt

To: FlingWingFlyer

4 posted on 11/21/2024 12:02:00 PM PST by Mariner (War Criminal #18)

To: Mariner

5 posted on 11/21/2024 12:10:56 PM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)

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