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MARIJUANA MOMENT

TEXAS GOP ATTORNEY GENERAL SUES TO OVERTURN MARIJUANA DECRIMINALIZATION
‘ANARCHY’ IN FIVE CITIES DESPITE LOCAL VOTER APPROVAL


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POLITICS


TEXAS GOP ATTORNEY GENERAL SUES TO OVERTURN MARIJUANA DECRIMINALIZATION
‘ANARCHY’ IN FIVE CITIES DESPITE LOCAL VOTER APPROVAL

Published

2 days ago

on

January 31, 2024

By

Kyle Jaeger

The Republican attorney general of Texas is suing five cities over local laws
decriminalizing marijuana that voters approved, vowing to overrule the “anarchy”
of “pro-crime extremists” who advocated for the reform.

Texas Attorney General Ken Paxton (R) on Wednesday filed lawsuits against the
cities of Austin, San Marcos, Killeen, Elgin and Denton over the
decriminalization policies that voters passed at the ballot over recent years.

Citing state statute and Constitutional provisions that he argues prevent
localities from enacting laws that conflict with statewide policy, Paxton said
in a press release on Wednesday that he “will not stand idly by as cities run by
pro-crime extremists deliberately violate Texas law and promote the use of
illicit drugs that harm our communities.”

Petition to decriminalize marijuana in Dallas

Petition to decriminalize marijuana in Dallas
If passed, the "Dallas Freedom Act" would also prohibit the city from allocating
any budgeted resources for THC concentration tests. The act has support from the
Dallas Democratic Party and at least one local justice of the peace.
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“This unconstitutional action by municipalities demonstrates why Texas must have
a law to ‘follow the law,’” he said. “It’s quite simple: the legislature passes
every law after a full debate on the issues, and we don’t allow cities the
ability to create anarchy by picking and choosing the laws they enforce.”

This comes as activists with Ground Game Texas and Texas Cannabis Collective are
actively collecting signatures to place local marijuana decriminalization
initiatives on the November ballot in two more cities: Dallas and Lockhart.



Voters in Lubbock are already set to get the opportunity to decide on a local
decriminalization measure in May after lawmakers approved a resolution to place
it on the ballot after declining to enact on the reform legislatively.







 

“Ken Paxton’s lawsuits represent an anti-democratic assault on the
constitutional authority of Texas Home Rule cities to set local law enforcement
priorities,” Julie Oliver, executive director for Ground Game Texas, said in a
press release. “In each of the cities sued, a supermajority of voters adopted a
policy to deprioritize marijuana enforcement in order to reduce racially-biased
law enforcement outcomes and save scarce public resources for higher priority
public safety needs.”

“Furthermore, Paxton’s slander of so-called ‘pro crime’ organizations that
support marijuana reform policies is profoundly ironic coming from a person who
is under criminal indictment for securities fraud, under federal investigation
for other financial crimes, and has admitted to violating the civil rights of
whistleblowers within his own office,” she said. “This lawsuit is an obvious
attempt to deflect from Paxton’s embarrassing legal jeopardy and diminishing
political influence.”



In general, the measures that have been enacted in Austin, Denton, Elgin, Harker
Heights, Killeen and San Marcos prevent police from making arrests or issuing
citations for Class A or B misdemeanor cannabis possession offenses, unless it’s
part of a high priority felony  investigation for narcotics or violent crime.

Harker Heights wasn’t targeted in the lawsuit, which is likely related to the
city’s refusal to implement the voter-approved policy change, which prompted
Ground Game to file suit against officials last month.



Shortly after voters in Harker Heights approved their measure, the city council
overturned the ordinance over concerns that it conflicted with state law.
But activists collected signatures for another initiative and successfully
repealed the repeal last May—though officials have still refused to move forward
with implementing the will of voters.

In November, Ground Game released a report that looked at the impacts of the
marijuana reform laws. It found that the measures will keep hundreds of people
out of jail, even as they have led to blowback from law enforcement in some
cities. The initiatives have also driven voter turnout by being on the ballot,
the report said.

Another cannabis decriminalization measure that went before voters in San
Antonio last May was overwhelmingly defeated, but that proposal also included
unrelated provisions to prevent enforcement of abortion restrictions.

Advocates have faced other issues in certain jurisdictions where voters approved
decriminalization.



The Killeen City Council temporarily paused implementation of its local
voter-approved ordinance, arguing that there were legal concerns that lawmakers
needed to sort through before giving it their approval, which they eventually
did. But last April, Bell County filed a lawsuit challenging the policy.

At the state-level last year, the Texas House of Representatives passed a series
of bills to decriminalize marijuana, facilitate expungements and allow chronic
pain patients to access medical cannabis as an opioid alternative. But they
ultimately stalled out in the Senate, which has been a theme for cannabis reform
measures in the conservative legislature over several sessions.



The House passed similar cannabis decriminalization proposals during the past
two legislative sessions, in 2021 and 2019.

Separately, a Texas Democratic senator brought the issue of marijuana
legalization to the Senate floor last May, seeking to attach to an unrelated
resolution an amendment that would’ve allowed Texans to vote on ending
prohibition at the ballot box. But the symbolic proposal was ultimately shut
down. Lt. Gov. Dan Patrick (R) agreed to another member’s point of order,
deeming the cannabis amendment not germane to the broader legislation.

Nearly three in four Texas voters (72 percent) support decriminalizing
marijuana, according to a University of Texas/Texas Politics Project poll in
2022. More than half (55 percent), meanwhile, said they’re in favor of broader
legalization. Seventeen percent said it shouldn’t be legal at all.

Last March, the same institution similarly showed that a majority of Texas
voters feel that the state’s marijuana laws should be “less strict.”



> New Kentucky Marijuana Bill—HB 420—Would Legalize It For Adults, But Faces
> Uphill Battle In GOP-Controlled Legislature



Photo courtesy of Chris Wallis // Side Pocket Images.

Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
Related Topics:featured

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New Kentucky Marijuana Bill—HB 420—Would Legalize It For Adults, But Faces
Uphill Battle In GOP-Controlled Legislature

Kyle Jaeger


Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.



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