Texas Attorney General Ken Paxton

Texas Attorney General Ken Paxton is suing the city of Dallas over Prop R, which decriminalizes marijuana use to some extent.

The proposition, which passed with 67 percent of the vote, instructs police to make marijuana law enforcement of possession up to four ounces its lowest priority. It also prohibits use of city resources for THC testing except as part of a violent felony or felony narcotics investigation.

Paxton said cities can’t pick and choose which state laws to enforce. Cities have no authority to tell police which laws it may enforce.

Earlier in the year, he sued five other cities that had passed similar resolutions. Judges in San Marcos and Austin sided with voters.

Paxton said he couldn’t stand by as “cities run by pro-crime extremists” violate Texas law. While he named the mayor, city council, acting city manager and acting police chief in his lawsuit, the only one accused of committing any crimes involved in the lawsuit is Paxton.

The AG has been under indictment since he was first elected to office. He was accused of committing securities fraud and settled for 100 hours of community service.

“It’s ironic to me that the multiple convicted Attorney General of Texas wants to overturn the will of 67 percent of Dallas voters who want marijuana decriminalized,” said Councilman Omar Narvaez, among those Paxton named in his suit. “The voters got the signatures to place it on the ballot and our ministerial duty per state law was to place it on the ballot and to accept the vote. We followed state law exactly as mandated by the State of Texas.”

— David Taffet

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