Texas Attorney General Sues 5 Cities Over Cannabis Policies

Texas Attorney General Ken Paxton is taking legal action against five cities that have decriminalized cannabis within their jurisdictions.

Paxton’s office announced Jan. 31 that the attorney general has filed lawsuits against Austin, San Marcos, Killeen, Elgin and Denton “for adopting amnesty and non-prosecution policies that violate Texas laws concerning marijuana possession and distribution.”

According to Paxton’s announcement, the five municipalities have adopted ordinances or policies directing law enforcement not to enforce state laws regarding the possession and distribution of cannabis, which Paxton’s office describes as “an illicit substance that psychologists have increasingly linked to psychosis and other negative consequences.”

Texas Local Government Code bars “any political subdivision” from implementing “a policy under which the entity will not fully enforce laws relating to drugs,” according to Paxton’s announcement. Paxton also cites the Texas Constitution, which he says maintains it is unlawful for local governments to adopt ordinances that conflict with law enacted by the Texas Legislature.

None of the five cities in Paxton’s crosshairs have legalized cannabis within their borders, although each has passed ordinances directing law enforcement and prosecutors to deprioritize enforcement action against offenders possessing small amounts of cannabis, according to The Hill.

Austin, for example, adopted a 2020 city council resolution that directed police not to press charges against individuals caught with less than 4 ounces of cannabis, the news outlet reported.

In the November 2022 election, voters in San Marcos, Killeen, Elgin and Denton approved ballot measures that decriminalized 4 ounces of cannabis, according to The Hill.

“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,” Paxton said in a public statement. “This unconstitutional action by municipalities demonstrates why Texas must have a law to ‘follow the law.’ It’s 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.”