Texas AG Sues Dallas Over Marijuana Decriminalization Measure

Texas Attorney General Ken Paxton has filed a lawsuit against the City of Dallas and local officials, targeting a ballot measure that decriminalizes marijuana-related offenses and bars police from enforcing state drug laws.

The announcement of this legal action, made last week, is related to Proposition R, also known as the “Dallas Freedom Act,” which was passed in November with nearly 67% approval.

The measure decriminalizes possession of less than four ounces of marijuana and restricts the Dallas Police Department from making arrests or issuing citations for such offenses, except in cases involving larger felony investigations. It also bars officers from using the odor of marijuana as probable cause for searches or seizures.

As of today, in Texas, possession of up to 2 ounces of marijuana is classified as a Class B misdemeanor, carrying a penalty of up to 180 days in jail and a maximum fine of $2,000. Possession of more than 2 ounces but less than 4 ounces is a Class A misdemeanor, punishable by up to 1 year in jail and a maximum fine of $4,000.

The state contends that Proposition R is preempted by Texas state law, including the Health and Safety Code – which criminalizes the possession of marijuana – and the Local Government Code – which obligates municipalities to enforce state drug laws fully. The lawsuit alleges that the charter amendment is unconstitutional under the Texas Constitution to the extent that local laws may not conflict with state statutes.

The lawsuit also argues that Proposition R bars Dallas police from enforcing misdemeanor marijuana possession laws, utilizing the odor of marijuana as probable cause, or expending city funds to test marijuana substances with exceptions in those narrowly defined cases where the alleged offense is a violent or high-priority narcotics felony.

Therefore, the state asked the court to nullify Proposition R, arguing Dallas exceeded its legal authority. It also asks the court to stop city officials and police from enforcing the measure and to ensure state drug laws are followed.

Earlier this year, Texas AGl Paxton also sued the cities of Austin, San Marcos, Killeen, Elgin, and Denton for adopting amnesty and non-prosecution policies that he claims violate state laws on marijuana possession and distribution.

Marijuana in Texas

Texas has not yet legalized marijuana for recreational use but has a medical marijuana program in place under the Texas Compassionate Use Act, which passed in 2015. It also legalized the production and sale of industrial hemp and CBD products in 2019, following the Farm Bill of 2018, which legalized hemp, defined as marijuana having no more than 0.3% THC, by separating it from marijuana under the Controlled Substances Act.

Currently, 24 U.S. states have legalized recreational use of marijuana, and 38 states for medical use.

In the November presidential election, several marijuana-related ballot measures were proposed, but most failed.

In Florida, nearly 56% voted “yes” to Amendment 3, which allowed adult-use marijuana; however, it did not meet the required 60% threshold to amend the state constitution.

Similar ballot measures in North Dakota and South Dakota each failed to achieve majority support.

Arkansas voters could have expanded the state’s medical marijuana program, but the state’s Supreme Court ruled – prior to this election – that the votes could not be counted.

The marijuana legalization measure that passed was in Nebraska alone, making it the 39th state to legalize marijuana for medical purposes, though its validity is still being challenged in court.

Meanwhile, in Texas, a lawmaker has recently filed a bill to legalize and establish a regulated market for the production and sale of recreational marijuana. However, past marijuana bills have stalled in the conservative Texas legislature, setting up the next session as potentially crucial for marijuana policy reform in the state.