Dallas Law Ending Pot Enforcement Draws Paxton Lawsuit

Dallas’ new voter approved law prohibiting enforcement of marijuana-related offenses is illegal, Texas Attorney General Ken Paxton (R) says.

A lawsuit announced Thursday by Paxton’s office seeks to block the Dallas Freedom Act on the grounds that it contradicts state law prohibiting recreational pot use. Proposition R, which Dallas voters approved with 67% support this month, must be struck down because the pot non-enforcement provision is inconsistent with the state constitution, Paxton told a state district court.

“Cities cannot pick and choose which state laws they follow,” Paxton said in a statement. “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.”

Filed in Dallas County, this suit is the sixth Paxton has brought against a Texas city this year that passed a law against enforcing pot crimes. The other suits seek to block ordinances in Austin, San Marcos, Killeen, Elgin, and Denton.

Judges have dismissed cases against Austin and San Marcos. Paxton is appealing.

“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, of Ground Game Texas, the group behind the city ordinances.

Dallas’ ordinance prohibits the city’s police from making arrests or issuing citations for marijuana possession or considering the odor of marijuana as probable cause for search or seizures. The law allows arrests and citations only in conjunction with violent felony or high priority narcotics investigations.

Paxton’s suit comes days after the Dallas City Council approved the results of the election on Nov. 19.

The case is Texas v. Dallas, Tex. Dist. Ct., 11/21/24.