Texas AG sues Denton, Austin over marijuana decriminalization
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Texas Attorney General Ken Paxton is suing Denton and four other cities over their policies to decriminalize marijuana.
Details: The suit alleges municipalities don't have the authority to do so under state law, the AG's office announced Wednesday.
- Denton officials tell Axios they are aware of the lawsuit but have not yet filed a response.
Why it matters: The news represents the Republican-led state's latest attempt to roll back Democratic cities' home rule authority.
- The state legislature passed a law to prevent district attorneys from not prosecuting certain crimes, such as low-level drug offenses, as well as one to limit local regulations on businesses.
Catch up fast: Denton voters overwhelmingly approved an ordinance to decriminalize low-level marijuana offenses in 2022, which boasted the largest turnout for a municipal election.
But, but, but: It is not actually being enforced yet, following city council fears that Denton would face litigation.
- In June, the council voted not to adopt the ordinance despite voter passage, per WFAA.
The latest: The AG's lawsuit, which also targets Austin, San Marcos, Killeen and Elgin, seeks an injunction to force Denton to repeal the ordinance.
- The suit states that municipalities cannot implement ordinances that contradict the Texas Code of Criminal Procedure or counter state law.
The big picture: More than half of Americans live in states where marijuana is legal for recreational use.
- 38 states have legalized medical marijuana usage, but Texas is not one.
- The state does have a compassionate use program for low-THC use in some situations.
What they're saying: "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.
- The other side: Nonprofit advocacy group Ground Game Texas called the suit "an anti-democratic assault on the constitutional authority of Texas Home Rule cities to set local law enforcement priorities."
What we're watching: Ground Game Texas is collecting signatures in Dallas to push a similar marijuana decriminalization ordinance.