Texas AG Sues Dallas Over Ballot Measure Banning Police From Enforcing Marijuana Laws

Nearly two-thirds of Dallas voters approved a measure on Nov. 5 that runs contrary to state law. Texas Attorney General Ken Paxton filed a lawsuit against the City of Dallas, challenging a ballot measure that restricts local police from enforcing marijuana-related offenses in violation of state law. Proposition R, which was supported by 66.82 percent of Dallas voters in the Nov. 5 special election, modifies the city charter to essentially decriminalize marijuana, making it the lowest enforcement priority for the Dallas Police Department. The measure prohibits Dallas police from making arrests or issuing citations for marijuana possession and from using the smell of marijuana as a basis for searches or seizures. The amendment also prohibits the use of city funds for THC testing, except in specific circumstances. Despite the Dallas City Council certifying the election results on Nov. 19 and the interim police chief issuing a department-wide directive to comply with the new policy, Paxton argues that the measure violates the Texas Constitution and state law, which mandate municipalities to fully enforce state drug laws. Paxton has taken legal action against five other Texas cities this year for implementing marijuana decriminalization measures that he believes undermine state law and contribute to crime and drug abuse. Supporters of the measure, led by Ground Game Texas, argue that the policy aims to reduce racially biased policing and save millions in public funds currently used for marijuana enforcement. They also contend that the initiative reflects the desire of Dallas voters, with over 50,000 residents signing the petition to put the measure on the ballot.

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