Dallas Faces Legal Battle Over Marijuana Decriminalization

The City of Dallas finds itself embroiled in a legal battle with Texas Attorney General Ken Paxton over a recently passed measure that effectively decriminalizes possession of small amounts of marijuana. The legal action follows the approval of Proposition R by Dallas voters in November, which amends the city charter to prohibit police from arresting or issuing citations to individuals found with less than four ounces of marijuana. This measure makes Dallas the largest city in Texas to implement such a policy.

Proposition R also forbids the utilization of the smell of marijuana as probable cause for searches or seizures and restricts the use of city resources for THC testing unless tied to investigations involving violent felonies or felony narcotics. Despite its local backing, the measure faces significant hurdles at the state level. Recreational marijuana remains illegal across Texas, prompting Attorney General Paxton to assert that municipalities lack the authority to ignore state drug laws.

“Cities cannot pick and choose which State laws they follow,” Paxton stated, emphasizing that the City of Dallas does not possess the power to override Texas drug statutes. He vowed legal action against any city that attempts similar measures, saying his office would confront such challenges «swiftly.»

The Attorney General’s lawsuit is part of a broader campaign initiated in January 2024, where Paxton targeted other Texas cities including Denton, Austin, San Marcos, Killeen, and Elgin. Some previous attempts by Paxton to overturn local decriminalization measures, particularly in Austin and San Marcos, were unsuccessful in court.

The Dallas lawsuit specifically names key city officials, including Mayor Eric Johnson and interim Police Chief Michael Igo. In response to the new ordinance, Dallas City Council member Cara Mendelsohn introduced a proposal to include a clause in Proposition R, delaying its enforcement until the state legalizes marijuana. However, this proposal was defeated by the council. Expressing her frustration, Mendelsohn criticized the move on social media, arguing that it placed the city and its police force «in a terrible position to violate our oath of office to uphold the law.»

With the council’s decision, interim Police Chief Igo issued a memo instructing officers to disregard prior policies on marijuana possession under four ounces. This move has been lauded by advocacy groups like Ground Game Texas, which spearheaded the amendment. Despite state opposition, the group claims that their initiatives are carefully formulated to comply with existing state laws and represent a modification in enforcement policy rather than legalization.