AUSTIN (KXAN) — Texas Attorney General Ken Paxton announced lawsuits against five Texas cities over “amnesty and non-prosecution policies” related to marijuana possession and distribution, according to a Wednesday press release.
The lawsuits target Austin, San Marcos, Killeen, Elgin and Denton.
Texas’ constitution and state law requires municipalities and counties to enforce state drug laws and prohibits policies that limit or prevent enforcement.
Paxton called the leaders of those cities “pro-crime extremists” in the release. KXAN reached out to the cities of Austin, Elgin and San Marcos for comment.
“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,” said Paxton in the release.
The policies referenced in Paxton’s lawsuit against the City of Austin include a Proposition A, which 79% of Austin voters approved in November 2023, as well as a 2020 Austin Police Department general order that prohibits arrests and citations for misdemeanor marijuana possession unless it would be a part of a violent or narcotics-related felony.
Both rules still permit APD officers to seize any substance they believe to be marijuana.
The other cities’ policies make similar allowances for seizures and arrests related to felony crimes.
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