Attorney General Ken Paxton has initiated legal action against the City of Dallas and its officials following the adoption of a city charter amendment that seeks to decriminalize marijuana-related offenses. The measure, known as Proposition R, aims to prevent the Dallas Police Department from arresting or citing individuals for marijuana possession and using its odor as probable cause for searches.
The Texas Local Government Code prohibits any political subdivision from adopting policies that do not fully enforce drug laws. Additionally, the Texas Constitution states that municipalities cannot enact ordinances inconsistent with state laws.
In response to the city's actions, Attorney General Paxton stated, “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. 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.”
Paxton's office has previously taken similar actions against other cities. In January 2024, he filed lawsuits against five cities for implementing illegal marijuana decriminalization policies.