Texas AG Paxton Indicates Disapproval for Marijuana Amnesty Cities

  • Texas AG Ken Paxton filed lawsuits against the Texas cities of Austin, Denton, Elgin, Killeen, and San Marcos alleging that their adoption of so-called “marijuana amnesty” policies violates Texas state law.
  • In the complaints, AG Paxton alleges that the cities’ adoption of ordinances designed to eliminate marijuana enforcement within their boundaries violates provisions of the Texas Local Government Code that forbids local subdivisions from adopting policies regarding non-enforcement of drug laws. In addition, Paxton asserts that the ordinances violate the Texas Constitution’s prohibition on municipalities making laws that are inconsistent with laws enacted by the Texas Legislature.
  • The lawsuits seek declaratory judgments that the ordinances are ultra vires and void, injunctive relief, and any other equitable and just relief.