AUSTIN, Texas  — Texas Attorney General Ken Paxton is suing five cities in the Lone Star State over ordinances that decriminalize low-level marijuana offenses. Paxton says they’re violating Texas law.

What You Need To Know

  • Texas Attorney General Ken Paxton is suing five cities over ordinances that decriminalize possession of small amounts of marijuana

  • The cities are Austin, Killeen, San Marcos, Elgin and Denton

  • Paxton said the adoption of “amnesty and non-prosecution policies” violates Texas laws concerning marijuana and distribution

  • Voters approved those ordinances in 2022

The cities are Austin, Killeen, San Marcos, Elgin and Denton.

Paxton said the adoption of “amnesty and non-prosecution policies” violates Texas laws concerning marijuana and distribution.

Paxton further said the Texas Constitution states that it’s unlawful for municipalities to adopt ordinances that are inconsistent with laws enacted by the Texas Legislature.

Spectrum News 1 partner The Texas Tribune noted that the five cities are home-rule cities, which under the Texas Constitution means that the cities may establish laws or ordinances unless expressly forbidden by state or federal law. However, Paxton argues Texas Local Government Code forbids those cities from adopting policies that wouldn’t result in fully enforcing drug-related laws.

“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 news 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.”

Austin City Council in 2020 ended the enforcement of low-level misdemeanor marijuana possession. It effectively ended criminal action against people for possessing small amounts of the drug.

In 2022, voters in all five cities approved policies ending arrests and citations for possession of less than four ounces of marijuana. Those ordinances were widely supported by voters.

Spectrum News 1 reached out to the cities Paxton is suing. They said they could not immediately provide statements.

However, Ground Game Texas, which was heavily involved in the ordinances, spoke out.

“Ken Paxton’s lawsuits represent an anti-democratic assault on the constitutional authority of Texas Home Rule cities to set local law enforcement priorities. 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,” Ground Game Texas Executive Director Julie Oliver wrote in a news release.