Texas AG Paxton sues five cities, including Austin and San Marcos, over marijuana policies | KEYE
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TX AG Paxton sues 5 cities over ordinances reducing low-level marijuana possession enforcement.

Texas Attorney General Ken Paxton has filed lawsuits against five cities – Austin, San Marcos, Killeen, Denton and Elgin – ordinances that aim to eliminate enforcement of low-level marijuana possession offenses.

Paxton alleges the cities’ actions violate state law and the Texas constitution. The lawsuits ask the courts to declare the ordinances void and order the cities to fully enforce state drug laws.

The ordinances were passed after being approved by voters in local ballot propositions. They prohibit police from making arrests or issuing citations for misdemeanor marijuana possession in most cases.

However, Paxton argues the Texas Local Government Code forbids cities from adopting policies not to fully enforce drug laws. He also says the ordinances violate a section of the Texas Constitution stating that city ordinances cannot conflict with state law.

  • @beardown@lemm.ee
    0•10 months ago

    Yes, but they are correct. Cannabis is a schedule 1 drug at the federal level, same as heroin.

    There is nothing legally preventing the federal government from arresting everyone in every state who possesses or sells cannabis. It isn’t relevant that cannabis is legal recreationally or medically at the state level in most of the country

    We’re just hoping that the federal government continues its discretionary policy of looking the other way. But, much like Roe, uncodified rights have a recent habit of disappearing overnight