Texas is suing multiple municipalities that have decriminalized the use of cannabis, alleging they have violated the state’s constitution.
Cannabis has been legalized for use by several states and is consumed by millions of Americans annually. The lawsuits target the city of Austin and its suburbs of San Marcos, Killeen and Elgin, as well as Denton, a suburb of Houston.
“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 Ken Paxton in a press release. “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.”
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These municipalities, having adopted policies that do not prosecute the possession and distribution of cannabis, are allegedly violating the Texas Constitution, which requires that city ordinances not violate state law, according to the lawsuits.
The Texas Health and Safety Code makes possession of marijuana a misdemeanor if the amount is under two ounces, with progressive penalties as the amount increases. Cannabis is currently listed as a “Schedule I” drug under the federal Controlled Substances Act, which means that it has no acceptable medicinal or recreational use.
However, the municipalities where the ordinances were enacted appeared to support them by large margins, with Austin voters endorsing the ordinance to not prosecute cannabis offenses by an 85% margin, according to the Texas Tribune. In San Marcos, that number was 82% while in Elgin, Denton, and Killeen had 75%, 71% and 70% support, respectively.
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“We are aware of the Attorney General’s lawsuit and subsequent news release, but do not comment on pending litigation,” said the City of Denton to NBCDFW.
Paxton’s lawsuits have been filed at a time when several Republican-led states, by ballot initiatives, are either decriminalizing the possession of cannabis or legalizing its recreational use. In 2022, the state of Missouri voted to legalize the possession and use of cannabis, while Montana and South Dakota voted the same way in 2020.
“Ken Paxton will be remembered as being on the wrong side of history,” wrote the Texas Cannabis Collective on Twitter, now known as X, in response to the decision.
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