Paxton sues Dallas officials to change statute to bar police from enforcing drug laws

Texas Attorney General Ken Paxton sued Dallas officials for passing a city charter amendment “that would illegally decriminalize marijuana-related offenses and prohibit police from enforcing Texas law.”

On November 5, Dallas voters approved more than a dozen propositions on the ballot to amend the city’s charter. One was Proposition R, which prohibits Dallas police officers from making marijuana-related arrests under certain conditions; prohibits them from issuing citations for possession of marijuana or considering the odor of marijuana as probable cause for a search or seizure; mandates that marijuana-related arrests be the “lowest enforcement priority”; and prohibits city funds or personnel from being used to test cannabis-related substances.

Proposition R passed by a vote of 66 percent to 33 percent after a controversial citizen-led initiative added it to the ballot. On Tuesday, the Dallas City Council held a special session and voted to approve amendments to the city charter, including Proposition R.

After the vote, Acting Dallas Police Chief Michael Igo issued a Chief’s Update, Document, 24-0021, stating that “effective immediately, Dallas police officers will not enforce possession of marijuana, four ounces or less, and they won’t consider the smell of marijuana as a probable cause. for search and seizure, unless part of a violent crime or narcotics arrest.”

“The current policy on possession of marijuana, two ounces or less, is now obsolete,” he says, adding that his update is a formal notice until a general update to the order is issued.

“Regardless of your thoughts and/or opinions on passing the amendment, we must remain focused on our duties and obligations to the Dallas Police Department,” the people of Dallas, and “maintain professionalism and calm,” he said.

Paxton sued in Dallas County District Court. The mayor, mayor pro tem, all city council members, the interim city manager and Igo are named as defendants.

The lawsuit claims that amending the city’s charter by adopting Proposition R violates state laws and the Texas Constitution.

The city’s charter amendment violates and is void Section 481.121 of the Texas Health and Safety Code, which criminalizes possession of marijuana in any amount, the 51-page lawsuit claims.

It also violates and is preempted by Section 370.003 of the Texas Local Government Code, which provides: “The governing body of a municipality, a county commissioners or sheriff’s court, a municipal police department, the city attorney, the county attorney, the district attorney. , or the criminal prosecutor may not adopt a policy that the entity will not fully enforce drug laws, including chapters 481 and 483, Health and Safety Code, and federal law.”

The Texas Constitution, Article XI, Section 5, also prohibits municipalities from passing ordinances that are contrary to or inconsistent with laws passed by the state legislature, according to the brief.

“As a result, Proposition R is unconstitutional,” the suit claims.

“Cities don’t get to pick and choose what state laws they follow,” Paxton said. “The City of Dallas has no authority to override Texas drug laws or prohibit police from enforcing them. This is an attempt to violate the Texas Constitution and any city that tries to coerce the police in this way will be swiftly met with a lawsuit by my office.”

The lawsuit asks the court to grant temporary and permanent relief and to declare null and void the statute amendment enacted under Proposition R. It also asks the court to order the defendants to fully enforce the drug laws and not to discipline any city employee who enforces them . It also asks the court to order Dallas police officers not to follow Igo’s order.

In response, the Dallas City Council issued a statement, saying, “The City is aware of the lawsuit filed by the State of Texas regarding Proposition R and will respond to the lawsuit at the appropriate time.”

The suit follows five others Paxton has filed against other cities that have adopted “illegal marijuana decriminalization policies that promote crime, drug abuse and violence.” City and political subdivision leaders must uphold the law and enforce prohibitions against illicit narcotics, Paxton argues.