Attorney General Ken Paxton has filed a lawsuit against the city of Dallas and some of its local officials over the adoption of Proposition R, a city charter amendment that would decriminalize marijuana possession.
Proposition R prohibits the Dallas Police Department from arresting individuals or issuing citations for marijuana possession. It also prohibits the consideration of the odor of marijuana as a possible case for search and seizure. It was approved by nearly 67 percent of voters in the General Election earlier this month.
According to Fox 4, city officials directed compliance with Prop R earlier this week.
The court filing states that the charter amendment violates Texas laws since recreational marijuana remains illegal.
“Proposition R’s operative provisions decriminalize what the Texas Legislature has made a crime by prohibiting enforcement of misdemeanor marijuana possession,” the filing reads.
Paxton also says the charter amendment violates the state constitution, which lays out that no charter amendment can be passed that is inconsistent with the constitution or laws passed by the Texas Legislature.
“Cities cannot pick and choose which State laws they follow,” stated Paxton.
“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.”
Paxton has requested that the district court rule Prop R null and void and halt city officials from implementing it.
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