Texas Attorney General Ken Paxton has initiated legal action against the city of Dallas following the passage of Proposition R, a ballot measure that decriminalizes marijuana, alleging it conflicts with state laws. The measure, which garnered significant support from Dallas voters, restricts local police from arresting or issuing citations for marijuana possession and does not allow the odor of marijuana alone as probable cause for searches.
Paxton’s lawsuit claims that Proposition R is preempted by state laws that criminalize marijuana possession and distribution. He argues that the Texas Constitution does not permit municipalities to enact ordinances that are in conflict with state legislation. “Cities cannot pick and choose which state laws they follow,” Paxton stated, emphasizing that Dallas has no authority to override Texas drug laws or restrict police enforcement actions.
This legal challenge is part of a broader effort by Paxton, who has already filed similar lawsuits against five other Texas cities that have adopted decriminalization policies since January 2024. He asserts that such policies not only violate state law but also promote crime, drug abuse, and violence.
The interim Dallas Police Chief, Michael Igo, had previously instructed officers not to enforce marijuana laws for those caught with less than 4 ounces, a directive that aligns with the new ballot measure. Supporters of Proposition R, including the progressive nonprofit Ground Game Texas, argue that the measure will reduce racially biased policing, keep people out of jail for minor drug offenses, and save public funds.
Catina Voellinger, executive director for Ground Game Texas, criticized Paxton’s lawsuit as a “baseless” action that wastes resources. She highlighted that similar legal challenges have been dismissed in other counties and pointed to the democratic process, noting that the “Dallas Freedom Act was overwhelmingly approved by 67% of voters.”
The legal battle in Dallas reflects ongoing national debates over marijuana policy, as more jurisdictions across the U.S. consider reforms amidst changing public perceptions about cannabis.
