The Republican Attorney General of Texas has filed a lawsuit against five cities for local laws that decriminalized marijuana and were approved by voters. He promised to end the “anarchy of pro-crime extremists who advocated the reform.
Texas Attorney general Ken Paxton (R), filed lawsuits on Wednesday against the cities Austin, San Marcos and Killeen as well as Elgin, Denton, and Denton, over the decriminalization policy that voters approved at the ballot in recent years.
Paxton cited state statutes and Constitutional provisions, which he said prevent localities from passing laws that are in conflict with the statewide policy. He stated that he would “not stand by idly as cities run pro-crime extremists intentionally violate Texas law and encourage the use of illicit drug that harms our communities.”
“This unconstitutional act by municipalities shows why Texas must have law to ‘follow law’,” he stated. It’s simple: The legislature passes all laws after full discussion on the issues. We don’t let cities create chaos by choosing which laws to enforce.
The activists from Ground Game Texas and Texas Cannabis Collective have been collecting signatures in order to put local marijuana decriminalization measures on the November ballot for two additional cities: Dallas, and Lockhart.
After lawmakers voted to put the measure on the May ballot, voters in Lubbock will have the chance to decide on local decriminalization measures.
Attorney General Ken Paxton Sues Five Cities Over Marijuana Policies Preventing Enforcement of Texas Drug Laws: https://t.co/EOPQa9mxBy
Texas Attorney General (@TXAG). Jan 31, 2024
In a release, Julie Oliver, executive for Ground Game Texas said that Ken Paxton’s suits represent an anti-democratic attack on the constitutional authority Texas Home Rule Cities to set local laws enforcement priorities. In each city sued, a supermajority adopted a policy of deprioritizing marijuana enforcement to reduce racially biased law enforcement outcomes and to save scarce public resources to meet higher priority public safety concerns.
She added, “Furthermore Paxton’s slandering of so-called pro crime organizations that support marijuana policy reform is profoundly ironic, coming from someone who is currently under criminal investigation for securities fraud and under federal investigation for financial crimes. He has also admitted to violating civil rights of whistleblowers in his own office.” This lawsuit is an attempt to divert attention from Paxton’s embarrassment and decreasing political influence.
The measures that have been implemented in Austin and Denton Elgin Harker Heights Killeen San Marcos prohibit police from arresting or issuing citations if the offenses are Class A or B misdemeanors. This applies unless they’re part of an urgent felony investigation into narcotics abuse or violent crimes.
Harker Heights was not included in the lawsuit. This is probably due to the city refusing to implement the policy change that voters approved. ground Game filed a suit against city officials last month because of this refusal.
The city council overturned Harker Heights’ ordinance shortly after the voters approved it, citing concerns that the measure was in conflict with state law. activists collected enough signatures to repeal the repeal in May last year. However, officials still refuse to implement the will of the voters.
Ground Game published a report in November that examined the impact of the reform laws. The report found that these measures would keep hundreds out of prison, even though they had led to a backlash from some law enforcement agencies. Report said that the initiatives had also increased voter turnout because they were on the ballot.
A measure to decriminalize cannabis in San Antonio was defeated by a large margin last May. However, this proposal included provisions unrelated to the issue that would have prevented enforcement of abortion restrictions.
In certain jurisdictions, where decriminalization was approved by voters, advocates have had to deal with other issues.
The Killeen City Council temporarily suspended the implementation of an ordinance that was approved by local voters. They claimed that they needed to address legal issues before approving it, which is what they did. Bell County, however, filed a suit in April last year to challenge the policy.
The Texas House of Representatives last year passed a number of bills that would decriminalize cannabis, allow expungements, and give chronic pain patients access to medical cannabis as an alternative to opioids. But the Senate ultimately blocked the bills. This has been the theme of cannabis reform in the conservative legislative body for several sessions.
In 2021 and 2019, the House adopted similar proposals for decriminalizing cannabis.
A Texas Democratic Senator brought marijuana legalization up on the Senate floor in May of last year, trying to attach an amendment to a resolution that was unrelated. This would have allowed Texans the opportunity to vote at the polls to end prohibition. The symbolic proposal was eventually shut down. Lt. Gov. Dan Patrick (R), in agreement with another member, agreed that the cannabis amendment was not relevant to the larger legislation.
According to a University of Texas/Texas Politics Project survey in 2022, nearly three-quarters of Texas voters (72%) support decriminalizing cannabis. Over half (55%) of respondents said they support a broader legalization. Seventeen percent of respondents said that it should not be legalized at all.
The same institution also showed in March that a majority felt that Texas’ marijuana laws should “be less strict.”
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Photo by Chris Wallis // Side Pocket Images.
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