Attorney General Ken Paxton Sues City of Dallas Over Marijuana Enforcement Charter Amendment

In an attempt to overturn a recent city charter change, Attorney General Ken Paxton has filed a lawsuit against the City of Dallas. Proposition R, the amendment, prohibits the Dallas Police Department from arresting people or giving citations for possession of marijuana. It also prohibits the smell of marijuana from being used as probable cause for searches and seizures. The Texas Attorney General’s Office said in a news statement that this initiative violates Texas drug laws and is an unlawful attempt to legalize marijuana-related charges.

Citing the Texas Constitution and the Texas Local Government Code, which forbid any political subdivision from establishing “a policy under which the entity will not fully enforce laws relating to drugs,” as stated in the same press release, Paxton contends that cities cannot selectively enforce state laws. “The City of Dallas cannot stop the police from enforcing Texas drug laws or overturn them. “This is a backdoor attempt to violate the Texas Constitution, and my office will promptly file a lawsuit against any city that attempts to restrict police in this way,” Paxton said. Adopting such ordinances, according to his administration, increases violence, drug usage, and criminality.

Paxton previously filed a lawsuit against five cities in January 2024 for similar marijuana decriminalization legislation, reaffirming his commitment to uniform enforcement of narcotics prohibitions. These municipal actions are viewed by the Attorney General’s office as precursors to more widespread criminal conduct and disturbance. Paxton’s efforts to uphold a strict approach to drug enforcement throughout Texas are reflected in the latest action against Dallas.

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