Texas Attorney General Ken Paxton has declared his intention to file a lawsuit against five Texas cities due to their marijuana enforcement policies, which he argues are in conflict with existing state laws. The cities named in the impending lawsuit are Austin, San Marcos, Killeen, Elgin, and Denton. These cities have all implemented non-prosecution policies related to marijuana.
These five cities have enacted ordinances and other policies directing local law enforcement not to enforce or prosecute laws pertaining to marijuana possession and distribution. According to a press release from Paxton's office, these policies clash with several state laws, including the Texas Constitution. The Constitution stipulates that municipalities cannot adopt ordinances that conflict with laws passed by the Texas Legislature.
In 2022, as per austintexas.gov and the Office of the City Clerk, 85.5% of Austin voters gave their approval for an ordinance aimed at "eliminating enforcement of low-level marijuana offenses." This Austin ordinance is identified as #20220203-050.
Election results from 2022 on the Hays County website indicate that San Marcos voters approved a similar ordinance. This was placed on the ballot following a petition signed by over 11,000 individuals and received approximately the same level of support - 81% in favor versus 19% opposed. The ordinance specifies that possession of less than 4 ounces of marijuana would not be enforced.
Paxton stated in his press release: "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. This unconstitutional action by municipalities demonstrates why Texas must have a law to 'follow the law.' It is quite simple: the legislature passes every law after a full debate on the issues, and we don't allow cities the ability to create anarchy by picking and choosing the laws they enforce."
According to its official website, the duties and responsibilities of the Texas attorney general include defending the Constitution and the laws of the state of Texas, representing the state in any litigation, and approving the issuance of public bonds and debt.
