Texas Attorney General Ken Paxton sued the city of Dallas over a voter-approved measure that bars police from making arrests for minor marijuana possession, escalating a statewide battle over local cannabis enforcement policies.
The lawsuit, filed Thursday in Dallas County District Court, argues that Proposition R violates state law and is unconstitutional. The measure, which Dallas voters passed earlier this month, prohibits police from arresting or citing people for possessing up to four ounces of marijuana or using cannabis odor as probable cause for searches.
The state’s petition contends the measure conflicts with Section 481.121 of the Texas Health and Safety Code, which criminalizes marijuana possession in any amount, and Section 370.003 of the Texas Local Government Code, which expressly forbids municipalities from adopting policies that don’t fully enforce drug laws.
“Cities cannot pick and choose which state laws they follow,” Paxton said in a statement Thursday. “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.”
On Nov. 19, according to court documents, Dallas Police Chief Michael Igo issued a department-wide memo stating that “effective immediately, Dallas Police Officers will not enforce possession of marijuana, four ounces or less, or consider the odor of marijuana as probable cause for search and seizure.”
The petition seeks multiple injunctions, including orders requiring Dallas to fully enforce state drug laws and prohibiting the city from disciplining officers who make marijuana-related arrests.
City charter provisions are presumed valid under Texas law, according to the filing, but can be invalidated if found “unreasonable and arbitrary, amounting to a clear abuse of municipal discretion.”
This legal challenge follows similar suits filed by Paxton in January against five other Texas cities, including Austin and Denton, over their marijuana amnesty policies. At the time, Paxton characterized the cities’ leaders as “pro-crime extremists” deliberately violating Texas law.
Ground Game Texas, the group behind the successful 2022 Austin campaign, also led the efforts in Dallas, Bastrop and Lockhart, where similar measures passed earlier this month with more than 60% support.
A Dallas city spokesperson acknowledged receipt of the lawsuit in an emailed statement, telling Law360 the city “will respond to the lawsuit at the appropriate time.”
Dallas Marijuana Proposal Petition Filed