AUSTIN (Talk1370.com) -- Relaxed local policies governing how law enforcement handles marijuana possession charges in five Texas cities - including Austin - have drawn the ire of Texas Attorney General Ken Paxton in new lawsuits filed against the cities Wednesday.
According to a release from Paxton's office, the five municipalities - Austin, San Marcos, Killeen, Elgin, and Denton - have adopted ordinances or policies instructing police to not enforce Texas drug laws concerning possession and distribution of marijuana.
"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 in a statement. "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 case of Austin, the lawsuit references APD General Order 308.9 which was first enacted on July 3, 2020 and updated on September 8 of the same year. The suit also references a citizen-led ballot initiative passed by Austin voters in May 2022, part of the "Austin Freedom Act of 2021", which was codified as a city ordinance following that election result.
In both cases, the policies prohibit arrests and citations for misdemeanor marijuana possession unless it would be part of a violent or narcotics-related felony charge. Under the policies, officers are still allowed to seize any marijuana found.
The lawsuits against the other four cities cite various policies and ordinances that are similar to the Austin ones.
In the Denton lawsuit, Paxton specifically references a November 2022 memo from City Manager Sara Hensley, referencing state law that conflicts with the ordinance passed by the Denton City Council following voter approval. "In short, the City does not have the authority to implement some provisions of Proposition B without changes to current drug laws by Congress and the Texas Legislature," the memo reads.
Advocacy group Ground Game Texas, which spearheaded campaigns leading to the ballot initiatives in several Texas cities, called the lawsuits an "anti-democratic assault on the constitutional authority" of Texas home-rule cities.
"In each of the cities sued, a supermajority of voters adopted a policy to deprioritize marijuana enforcement in order to reduce racially-biased law enforcement outcomes and save scarce public resources for higher priority public safety needs," said Julie Oliver, executive director for Ground Game Texas.
In addition to the cities sued by Paxton, the organization has also led or supported marijuana-related ballot petitions in Harker Heights, Lubbock, Lockhart, San Antonio, and Dallas.
"Paxton's slander of so-called 'pro crime' organizations that support marijuana reform policies is profoundly ironic coming from a person who is under criminal indictment for securities fraud, under federal investigation for other financial crimes, and has admitted to violating the civil rights of whistleblowers within his own office," Oliver continued. "This lawsuit is an obvious attempt to deflect from Paxton's embarrassing legal jeopardy and diminishing political influence."
