Texas AG Paxton sues five cities, including Austin and San Marcos, over marijuana policies
TX AG Paxton sues 5 cities over ordinances reducing low-level marijuana possession enforcement.
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Texas AG Paxton sues five cities, including Austin and San Marcos, over marijuana policies
by CBS Austin
Wed, January 31st 2024
Texas Attorney General Ken Paxton has sued five cities, including Austin and San Marcos, challenging their ordinances that limit enforcement of low-level marijuana possession, alleging these policies violate state law and the Texas constitution. (AP Photo/Julio Cortez, File)
Texas Attorney General Ken Paxton has filed lawsuits against five cities -- Austin, San Marcos, Killeen, Denton and Elgin -- ordinances that aim to eliminate enforcement of low-level marijuana possession offenses.
Paxton alleges the cities' actions violate state law and the Texas constitution. The lawsuits ask the courts to declare the ordinances void and order the cities to fully enforce state drug laws.
The ordinances were passed after being approved by voters in local ballot propositions. They prohibit police from making arrests or issuing citations for misdemeanor marijuana possession in most cases.
However, Paxton argues the Texas Local Government Code forbids cities from adopting policies not to fully enforce drug laws. He also says the ordinances violate a section of the Texas Constitution stating that city ordinances cannot conflict with state law.
“I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities,” said Paxton.
In the lawsuits , Paxton states the cities and their police chiefs "lack legal authority" to adopt ordinances that do not fully enforce laws prohibiting marijuana possession and distribution.
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The lawsuits ask the courts to temporarily and permanently bar enforcement of the city ordinances. They also seek orders for the cities to repeal the ordinances, enforce state drug laws and not discipline police employees who make marijuana possession arrests.[/SIZE]
