Attorney General Ken Paxton Sues Five Cities Over Marijuana Policies Preventing Enforcement of Texas Drug Laws (Press release)
Texas Attorney General Ken Paxton has launched lawsuits against the cities of Austin, San Marcos, Killeen, Elgin, and Denton for adopting amnesty and non-prosecution policies that violate Texas laws concerning marijuana possession and distribution.
The five municipalities adopted ordinances or policies instructing police not to enforce Texas drug laws concerning possession and distribution of marijuana—an illicit substance that psychologists have increasingly linked to psychosis and other negative consequences. Texas Local Government Code forbids any political subdivision from adopting “a policy under which the entity will not fully enforce laws relating to drugs.” 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 (Article 9, Section 5).
“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 Attorney General Paxton. “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.”
Attorney General Paxton 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. 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 filings, click here.
The Texas Attorney General, Ken Paxton, has initiated a series of legal proceedings against multiple cities in the state, including Austin, San Marcos, Killeen, Elgin, and Denton, challenging their decisions to decriminalize marijuana, commonly known as Cannabis.
I am old. I had many friends over the years who smoked pot. All of them are now dead. Most of them died in their 50s. Just sayin’- Bruce T
In the press release noted above, from January 31, Paxton asserted that his legal actions were prompted by the cities adopting “amnesty and non-prosecution policies” that, according to him, violate Texas laws related to marijuana possession and distribution. Paxton cited the Texas Local Government Code, emphasizing that no political subdivision should adopt policies hindering the full enforcement of drug laws. Additionally, he invoked a section of the Texas Constitution, arguing that municipalities cannot adopt ordinances inconsistent with the laws enacted by the Texas Legislature.
Expressing his concerns, Paxton stated, “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.” He emphasized the need for a legal framework to ensure that cities adhere to the laws enacted by the state legislature, preventing them from selectively enforcing or disregarding certain statutes.
Texas Attorney General Ken Paxton is suing five Texas cities over their decriminalization of marijuana. https://t.co/TeNlfi8Tf9 pic.twitter.com/oeluhkQwrz
— The Hill (@thehill) January 31, 2024
Paxton’s legal actions against these cities are based on his assertion that marijuana is an illicit substance associated with detrimental consequences, including a purported link to psychosis. He cited a 2014 scholarly article published by the United States National Library of Medicine, indicating that Cannabis is involved in around 50 percent of psychosis and schizophrenia cases. However, it’s essential to note that the exact neurobiological processes leading to these effects remain unclear.
Texas Attorney General Ken Paxton announced multiple lawsuits Wednesday against Austin and four other cities, accusing them of adopting marijuana policies and ordinances that he contends violate state law and promote illicit drug use. – Houston Chronicle
Supporting Paxton’s stance, a 2023 study published in the journal Psychological Medicine revealed that up to 30 percent of schizophrenia cases in men aged 21 to 30 were potentially connected to heavy marijuana use. Additionally, the study suggested that around 15 percent of schizophrenia cases in men aged 16 to 49 might have been avoided without marijuana use. However, the study also acknowledged the potential benefits of moderate cannabis use for medical purposes.
Contrasting the negative associations, a 2017 review of over 10,000 scientific studies found that while Cannabis can have adverse health effects in certain cases, it proves effective in alleviating chronic pain, addressing sleep disorders, and reducing nerve pain. Furthermore, the drug has shown promise in helping individuals with alcohol or opioid dependencies manage their addictions.
Attorney General Ken Paxton Sues Five Cities Over Marijuana Policies Preventing Enforcement of Texas Drug Laws: https://t.co/EOPQa9mxBy
— Texas Attorney General (@TXAG) January 31, 2024
Despite the legal challenges, none of the cities facing lawsuits in Texas has legalized or openly permitted the buying and selling of cannabis. Instead, they have passed ordinances directing law enforcement to prioritize low-level charges against individuals caught with small amounts of the drug.
Austin was at the forefront in 2020, passing a city council resolution instructing the police not to press charges against anyone with four or fewer ounces of marijuana. Subsequently, in November 2022, voters in other cities being sued by Paxton approved ballot measures to decriminalize small amounts of marijuana.
Texas Attorney General Ken Paxton is refusing to surrender Shelby Park in Eagle Pass to the Federal Government. pic.twitter.com/inbcDDv4k1
— Kambree (@KamVTV) January 31, 2024
In a noteworthy move, Harker Heights dropped its decriminalization ordinance two weeks after voters passed it in 2022. The city manager, in a letter, explained that the responsibility for decriminalizing cannabis rested with the state.
As of 2024, cannabis for recreational use has been legalized in 24 states and three U.S. territories, with an additional seven states having decriminalized its use. The legal battles in Texas reflect the ongoing national debate over the decriminalization and legalization of marijuana, raising questions about the balance between state and local authority in shaping drug policy.
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Major Points Discussed:
- Texas Attorney General Ken Paxton files lawsuits against Austin, San Marcos, Killeen, Elgin, and Denton for decriminalizing marijuana.
- Paxton claims cities’ policies violate Texas laws on marijuana possession and distribution, citing the Texas Local Government Code and the state constitution.
- Legal actions based on Paxton’s concerns about marijuana’s alleged links to psychosis and negative consequences, referencing studies from 2014 and 2023.
- Despite legal challenges, none of the Texas cities facing lawsuits have legalized cannabis but passed ordinances directing law enforcement to prioritize low-level charges.
- As of 2024, 24 states and three U.S. territories have legalized recreational cannabis, while seven states have decriminalized its use.
Comments – Threads – Links
- Texas Attorney General Ken Paxton is suing Austin and four other cities over their marijuana possession policies. He alleges the cities have rules that instruct police not to enforce Texas’ drug laws. – KUT Austin
- I’ve never known anyone who is a regular marijuana user who is a successful productive member of society- CharlestonSC
- Every city that has legalized weed has become a dump full of losers and criminals- Treyvon Williams
- Texas Attorney General Ken Paxton is suing five cities — Austin, San Marcos, Killeen, Elgin and Denton — to block their ordinances decriminalizing low-level marijuana possession- Texas Tribune
- Had a great discussion at the White House with Secretary Buttigieg on impaired driving and marijuana’s increasing role in car crashes- Kevin Sabet
- My name is Sonia Jimenez. I lost my 22 yr old son Joshua to suicide after having three PSYCHOTIC episodes from using THC concentrates and Delta 8. I want the world to know the TRUTH about marijuana. It’s the most INSIDIOUS and destructive DRUG of our time- Sonia Jimenez
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