Texas Attorney General Ken Paxton filed a lawsuit Thursday against the city of Dallas, challenging the legality of a recently approved marijuana ballot measure. The measure, known as Proposition R, seeks to prevent police from making arrests or issuing citations for marijuana possession and prohibits using the smell of marijuana as probable cause for searches or seizures.
In his announcement, Paxton argued that the measure directly conflicts with state law, which criminalizes marijuana possession.
“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,” Paxton said in a statement. “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.”
Proposition R, championed by the advocacy group Ground Game Texas, was promoted as a measure to “keep people out of jail for marijuana possession,” reduce racial disparities in policing, and conserve public resources. Supporters of the amendment argue it reflects the will of Dallas voters and a shift toward more progressive drug policies.
Ground Game Texas responded to Paxton’s lawsuit, emphasizing the benefits of decriminalization. “This measure represents a step toward fairness, equity, and smarter allocation of resources,” a spokesperson said.
Paxton, however, expressed concerns that decriminalization efforts encourage lawlessness. He highlighted this lawsuit as part of a broader campaign against local policies he believes undermine state law. Since January 2024, the Attorney General’s office has filed five lawsuits targeting cities that Paxton accuses of adopting “illegal marijuana decriminalization policies that promote crime, drug abuse, and violence.”
