Paxton suing Denton, 4 other cities over marijuana policies
Attorney General Ken Paxton is suing five Texas cities to block policies that decriminalize low-level marijuana offenses.
"I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities," Paxton said.
Voters in Austin, San Marcos, Killeen, Elgin and Denton approved the policies regarding marijuana possession and distribution in 2022. Paxton said the policies are inconsistent with state laws.
The Denton ordinance would end citations and arrests for marijuana possession unless it was part of a high-priority police investigation or a violent felony. It would also prohibit using smell as probable cause for search and seizure or testing to determine if a substance meets the legal definition of marijuana.
Texas Local Government Code bans any political subdivision from adopting "a policy under which the entity will not fully enforce laws relating to drugs."
The state's constitution also says it is unlawful for municipalities to adopt ordinances inconsistent with the laws enacted by the Texas Legislature.
"This unconstitutional action by municipalities demonstrates why Texas must have a law to 'follow the law,'" Paxton said. "It's quite simple: the legislature passes every law after a full debate on the issues, and we don't allow cities the ability to create anarchy by picking and choosing the laws they enforce."
In Denton, the city manager and police chief have not implemented the ordinance decriminalizing marijuana.
Monday, Decriminalize Denton, the grassroots group behind the original ballot initiative in the city, filed a petition to intervene in dismissing Paxton's lawsuit.
