(RepublicanView.org) – Ken Paxton, the Attorney General for Texas, is suing five cities over ordinances related to marijuana.
According to Paxton, the cities of Eglin, Killeen, Denton, San Marcos, and Austin have all enacted ordinances that stifle the state’s restrictions on marijuana use. Those cities have allegedly chosen not to enforce state laws.
All of the measures enacted by those cities were approved by voters in their local elections. Under them, police are forbidden to arrest or cite citizens for possessing marijuana. However, the Local Government Code of Texas prevents cities from enacting ordinances that undermine drug laws. Additionally, the state’s constitution prohibits local laws that conflict with state laws enacted by the legislator.
According to a press release, Paxton referred to those city leaders as “pro-crime extremists” and vowed to pursue accountability. The lawsuit filed by Paxton’s office requests that courts stop the enforcement of those local ordinances and, eventually, order them to be repealed. It also asks that no officers enforcing the state’s drug laws be disciplined for it.
However, all five cities are considered “home-rule” areas. That means they do not rely on grants sent by the Texas legislator when considering local ordinances. Many of the ordinances were passed in accordance with that classification, according to city leaders who cited “full power of self-governance.”
The ordinances also prevent taxpayer funds from being used for drug testing in most cases. The Austin law only allows police to investigate possession in cases involving felony offenses, whether they are drug-related or not. However, police were still permitted to conduct toxicology testing in accordance with public safety.
The City of Denton, a suburb of Dallas, specifically prohibits police officers from enforcing marijuana possession that would constitute a Class A or B misdemeanor violation under Texas law.
Paxton cited the psychosis that can be induced by drug-use as a reason for his lawsuit. It was announced shortly after the state of California decided not to imprison a woman after she stabbed her boyfriend more than 100 times before attempting to kill herself. The state argued that she was under a drug-induced psychosis and could not be held accountable for the crime.
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