Ken Paxton sues Dallas over voter-approved amendment to decriminalize marijuana

Texas Attorney General Ken Paxton has sued the city of Dallas after it adopted a voter-approved charter amendment that decriminalizes possessing less than 4 ounces of marijuana.

About 67% of Dallas voters approved Proposition R in the November election. 

At least one councilmember expressed concerns that the city woud be sued as recreational marijuana is still illegal in Texas.

The city of Dallas directed the Dallas Police Department to comply with the amendment earlier this week.

In a memo sent to Dallas police officers, the interim police chief said in part, "Effective immediately, Dallas police officers will not enforce possession of marijuana, four ounces or less, or consider the odor of marijuana as probable cause for search and seizure, except as a part of a violent felony or felony narcotics arrest."

Recreational marijuana is still illegal in Texas. Paxton's lawsuit says that municipalities cannot refuse to enforce Texas drug laws.

"Cities cannot pick and choose which state laws they follow. The city of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them," the attorney general said. "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."

The lawsuit is far from a surprise.