Five cities, including one in North Texas, are facing legal pushback from the Texas attorney’s general’s office for their local marijuana policies.
In a Wednesday news release, Texas Attorney General Ken Paxton’s office announced that it had sued Denton, along with Austin, Elgin, Killeen and San Marcos, “for adopting amnesty and non-prosecution policies that violate Texas laws.”
In a statement included in the release, Paxton described the cities as being “run by pro-crime extremists” who “deliberately violate Texas law and promote the use of illicit drugs that harm our communities.”
Denton voters in November 2022 approved Proposition B, an ordinance aimed at decriminalizing marijuana in the city. The proposition passed with 71% of voters in favor.
The proposition, in part, amended the city code to end citations and arrests for misdemeanor offenses for marijuana possession — less than 4 ounces — unless the crimes are associated with investigations of other felony-level offenses.
Members of multiple law enforcement groups had spoken out against the proposition. Shortly after the measure was passed, Denton City Manager Sara Hensley shared a memo expressing concern about the proposition being in “direct conflict” with state law.
“In practice, a Denton Police Officer will continue to have the authority to enforce state laws relating to marijuana,” a part of the memo read.
In its court filing, the attorney general’s office asked for a judge to order the halt of changes to Denton’s city ordinance made by Proposition B and argued that the city of Denton “may not adopt a policy under which the entity will not fully enforce” state and federal drug laws.
“Further, the Texas Constitution notes that it is unlawful for municipalities to adopt ordinances that are inconsistent with the laws enacted by the Texas Legislature,” the attorney general’s office said in the release.
The attorney general’s office made similar arguments for the other four cities that were sued for local ordinance related to marijuana.
A Denton spokesperson told The Dallas Morning News city officials are “aware of the Attorney General’s lawsuit and subsequent news release,” but declined to comment, citing the pending litigation.
