With new lawsuits, Texas takes aim at marijuana reform

(CN) — In an effort to enforce Texas' strict laws on marijuana, Texas Attorney General Ken Paxton on Wednesday sued five cities that in recent years have all taken a more relaxed approach towards small-time marijuana offenses.

“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,” the hard-right Republican AG said in a news release on Wednesday afternoon. He accused Texas cities with more permissive local laws — including the state capital of Austin, which is named in one suit — of trying to "create anarchy by picking and choosing the laws they enforce.”

Also being sued in state court are the cities of San Marcos, Killeen, Elgin and Denton. During elections in 2022, all five passed ordinances limiting prosecution of minor cannabis crimes at the city level.

In Austin, for example, a local ordinance banned city police from issuing citations or making arrests for minor marijuana crimes, except for in limited circumstances like during "the investigation of a violent felony." In his lawsuits, Paxton argued ordinances like this are preempted by state law. He wants state courts to order the cities to repeal their ordinances and to "fully enforce the drug laws" of the state.

Similarly, Paxton is also seeking to do away with city-level police policies that have limited prosecutions and arrests for marijuana crimes. In Austin, for example, a 2020 policy bars city police from arresting people if possession of marijuana is the only charge they face.

These policies and ordinances conflict with state law, Paxton argued in court filings, and are therefore unconstitutional. In addition to rescinding the policies, Paxton also wants to prevent cities like Austin from disciplining city cops who do enforce state-level drug laws.

The lawsuits come as Texans have increasingly warmed on cannabis use. Just 17% of Texans — and remarkably, only 23% of Texas Republicans — think marijuana should be illegal under all circumstances, according to December polling from the Texas Policy Project at the University of Austin.

That polling aligns with sentiments on marijuana use across the United States, where a majority of Americans now live in places with some form of legal marijuana. Twenty-four states have legalized the recreational use and sale of marijuana, while a whopping 38 have legalized the drug for medical purposes.

In that respect, Texas is an outlier. While not always enforced, state law still allows for jail time for personal marijuana possession. And while the state does ostensibly have a medical marijuana program, it caps the percentage of THC — the main active compound in cannabis — at just 0.5%. Compare that hemp, which can have up to 0.3% THC and which is legal nationwide.

But while a majority of Texans want marijuana to be legal to some degree, those views haven't translated into state policy, as the Republican-controlled Texas legislature has proven wary of loosening penalties on the drug. Unlike many other states that have passed marijuana reforms, Texas does not allow for statewide initiatives that could force the issue onto a ballot.

Still, differing views on drug use are hardly the only relevant piece of context here. The lawsuits also come as state Republican officials grow increasingly antagonistic towards the Lone Star State's biggest cities, which have trended more and more blue in recent election cycles.

Just last year, state officials took over the local school district in Houston and strong-armed Austin into allowing state troopers to perform city policing duties. Paxton, meanwhile, has faced legal headaches of his own.

Follow @stephentpaulsen

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