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Attorney General Ken Paxton suing five Texas cities over marijuana policies

Paxton has launched lawsuits against five cities across Texas that have adopted policies or ordinances limiting the enforcement of marijuana possession laws.

KILLEEN, Texas — Texas Attorney General Ken Paxton is launching lawsuits against five Texas cities over their policies on marijuana enforcement, according to a press release from the Attorney General.

According to Paxton, he has launched suits against the cities of Austin, San Marcos, Killeen, Elgin and Denton for adopting "amnesty and non-prosecution policies" that he says "violate Texas laws concerning marijuana possession and distribution".

Paxton claims the five municipalities have adopted ordinances or policies instructing police not to enforce state drug laws concerning the possession and distribution of marijuana, which Paxton referred to as an "illicit substance that psychologists have increasingly linked to psychosis and other negative consequences."

In the release, Paxton stated that Texas Local Government Code forbids any political subdivision from adopting "a policy under which the entity will not fully enforce laws relating to drugs."

Paxton also said Article 11, Section 5 of the Texas Constitution states that it is unlawful for municipalities to adopt ordinances that are inconsistent with laws enacted by the Texas Legislature.

“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,” said Paxton in the release. “This unconstitutional action by municipalities demonstrates why Texas must have a law to ‘follow the law.’ 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 the release, Paxton said he "remains committed to maintaining law and order in Texas when cities violate the lawful statutes designed to protect the public from crime, drugs and violence", and that he "continues to seek accountability for the rogue district attorneys whose abuse of prosecutorial discretion has contributed to a deadly national crimewave,"

To read the full filings, visit this link.

In 2022, residents in Killeen and Harker Heights voted to adopt Proposition A, an ordinance that would decriminalize low levels of marijuana possession. The proposition has faced numerous debates and legal challenges since.

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