By Everton Bailey Jr.
The Dallas Morning News headline news
(The Dallas Morning News) — Attorney General Ken Paxton is suing Dallas, arguing the city is violating state law by enforcing a recent voter-approved charter amendment to ban arrests for low-level marijuana offenses.
The legal action follows similar suits against cities like Austin and Denton, which have passed similar voter-supported mandates. Dallas’ City Council, interim city manager and police chief announced Tuesday the city would enforce Proposition R, which bars police from arresting or citing people on suspicion of carrying four ounces or less of marijuana.
The use and possession of recreational marijuana is still illegal in Texas.
“Proposition R directly conflicts with state statute; thus it is unenforceable,” Paxton’s lawsuit against the entire City Council, interim city manager Kimberly Bizor Tolbert and interim police chief Michael Igo said. “This conflict renders Proposition R unconstitutional.”
Judges have thus far overturned similar Paxton lawsuits against Austin and San Marcos.
Proposition R passed on Nov. 5 with 66% approval from Dallas voters.
Along with the arrest and citation restriction, the charter amendment bans police officers from considering the smell of marijuana as probable cause for a search or seizure unless it is part of a felony investigation. It also requires enforcement of Class A and B misdemeanor marijuana possession to be the department’s lowest priority. It forbids city funds or workers, in most instances, from being used to test cannabis-related substances to determine whether they meet the legal definition of marijuana.
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