Texas Lawyer Common Ken Paxton introduced a lawsuit Thursday focused on the blue town of Dallas over a poll measure that decriminalizes marijuana.
Paxton alleges that Proposition R, which “prohibits the Dallas Police Division from making arrests or issuing citations for marijuana ownership or taking into account the scent of marijuana as possible purpose for seek or seizure,” violates state legislation.
The legal professional normal argues within the lawsuit that the poll measure is preempted by means of Texas legislation, which criminalizes the ownership and distribution of marijuana. Paxton additionally claims the Texas Charter prohibits municipalities from adopting an ordinance that conflicts with rules enacted by means of the state legislature.
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Texas Lawyer Common Ken Paxton speaks out of doors the U.S. Excellent Courtroom on November 01, 2021 in Washington, DC. (Drew Angerer/Getty Pictures)
“Towns can’t select and make a choice which State rules they practice,” Paxton stated in a commentary. “The Town of Dallas has no authority to override Texas drug rules or limit the police from imposing them.”
Paxton known as the poll measure “a backdoor try to violate the Texas Constitution” and threatened to sue some other town that “tries to constrain police on this type.”
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A flower bud of marijuana. (AP Photograph/Sakchai Lalit, Record)
The lawsuit comes after period in-between Dallas Police Department Chief Michael Igo directed Dallas law enforcement officials to not put into effect marijuana rules in opposition to the ones discovered to be in ownership of lower than 4 oz.
Floor Recreation Texas, a innovative nonprofit team that campaigned in choose of the poll measure, argued it might lend a hand “stay folks out of prison for marijuana ownership,” “cut back racially biased policing” and “save hundreds of thousands in public investment.”
A mature marijuana plant starts to bloom below synthetic lighting fixtures at Loving Kindness Farms in Gardena, Calif., Would possibly 20, 2019. Paxton has sued town of Dallas over a poll measure that decriminalized ownership of small quantities of marijuana. (AP Photograph/Richard Vogel)
“It is unlucky however now not sudden that Lawyer Common Ken Paxton has it appears selected to waste everybody’s money and time by means of submitting but some other baseless lawsuit in opposition to marijuana decriminalization,” stated Catina Voellinger, government director for Floor Recreation Texas.
“Judges in Travis and Hays counties have already disregarded equivalent court cases filed there. The Dallas Freedom Act was once overwhelmingly licensed by means of 67% of citizens — that is democracy in motion.”
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Since January 2024, Paxton has filed court cases in opposition to 5 Texas towns that decriminalized marijuana ownership, arguing those insurance policies advertise crime, drug abuse and violence.
