Texas Attorney General Challenges Dallas Cannabis Decriminalization Measure

LOS ANGELES- Texas Attorney General Ken Paxton has initiated legal action against the City of Dallas following the adoption of Proposition R, a voter-approved measure aimed at decriminalizing the possession of up to four ounces of cannabis within city limits. The lawsuit, filed in Dallas County District Court, contends that the amendment contravenes state law and the Texas Constitution.

Proposition R, passed by approximately 67% of Dallas voters on November 5, 2024, amends the city charter to prohibit police from arresting or citing individuals for possessing up to four ounces of cannabis. It also restricts the use of cannabis odor as probable cause for searches, except in cases involving violent felonies or high-priority narcotics investigations.

Attorney General Paxton argues that the measure conflicts with Section 481.121 of the Texas Health and Safety Code, which criminalizes cannabis possession in any amount, and Section 370.003 of the Texas Local Government Code, which prohibits municipalities from adopting policies that do not fully enforce drug laws. In a statement, Paxton asserted, “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 lawsuit is part of a broader effort by the Attorney General to challenge local cannabis decriminalization initiatives across Texas. Earlier this year, Paxton filed similar suits against the cities of Austin, San Marcos, Killeen, Elgin, and Denton over their respective cannabis decriminalization measures. The outcomes of these cases have varied, with some being dismissed and others still pending.

Advocacy groups supporting Proposition R, such as Ground Game Texas, have criticized the lawsuit as an attempt to undermine the will of Dallas voters. Catina Voellinger, executive director of Ground Game Texas, stated, “It’s unfortunate but not surprising that Attorney General Ken Paxton has apparently chosen to waste everyone’s time and money by filing yet another baseless lawsuit against marijuana decriminalization.”