Dallas may have just passed an illegal ballot measure, Texas AG alleges

The Texas attorney general is suing the city of Dallas over an allegedly illegal ballot measure that severely hampers the police department’s ability to prosecute marijuana charges.

Dallas, Texas, voters passed Proposition R, which prohibits police from arresting people or issuing citations for marijuana possession and using marijuana smell as probable cause for search and seizure, according to city documents. Texas Attorney General Ken Paxton alleges that Dallas violated the Texas constitution in codifying a law that contradicts broader state law, and broke Texas Code by adopting “a policy under which the entity will not fully enforce laws relating to drugs,” according to a Thursday press release.

“Cities cannot pick and choose which State laws they follow,” Paxton said in the press release. “The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them. This is a backdoor attempt to violate the Texas Constitution, and any city that tries to constrain police in this fashion will be met swiftly with a lawsuit by my office.”

DALLAS: I am suing the City of Dallas. Cities cannot pick and choose which State laws they follow. The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them. This is a backdoor attempt to violate the Texas Constitution, and any… https://t.co/DM2xA2Impm

— Attorney General Ken Paxton (@KenPaxtonTX) November 21, 2024

Proposition R passed by a wide margin, with 66% supporting the measure and only 33% voting against it, according to the uncertified election results.

Marijuana is illegal for recreational use in Texas, with penalties for possession ranging from a $2,000 fine to lengthy prison time, according to Texas state law.

Republican Dallas Mayor Eric Johnson voted in favor of a failed motion to make the proposition unenforceable until marijuana is legalized at the state level, according to KERA News Tuesday. Johnson made headlines for switching his party affiliation from Democrat to Republican in 2023 during his mayoral term in Dallas.

Johnson’s office did not immediately respond to the Daily Caller News Foundation’s request for comment.

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