this post was submitted on 01 Feb 2024
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Texas Attorney General Ken Paxton has filed lawsuits against five cities -- Austin, San Marcos, Killeen, Denton and Elgin -- ordinances that aim to eliminate enforcement of low-level marijuana possession offenses.

Paxton alleges the cities' actions violate state law and the Texas constitution. The lawsuits ask the courts to declare the ordinances void and order the cities to fully enforce state drug laws.

The ordinances were passed after being approved by voters in local ballot propositions. They prohibit police from making arrests or issuing citations for misdemeanor marijuana possession in most cases.

However, Paxton argues the Texas Local Government Code forbids cities from adopting policies not to fully enforce drug laws. He also says the ordinances violate a section of the Texas Constitution stating that city ordinances cannot conflict with state law.

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[–] FartsWithAnAccent 171 points 10 months ago* (last edited 9 months ago) (4 children)

Texas thinks it gets to ignore the federal government, so why should the cities listen to the state government?

[–] Laughbone 54 points 10 months ago (1 children)

Exactly, someone should make shirts with a bud that says come and take it.

[–] [email protected] 20 points 10 months ago

Rules for thee.

[–] [email protected] 4 points 10 months ago

“Rule for thee but not for me”

It really is that simple

[–] [email protected] 2 points 10 months ago (1 children)

I mean if a atf agent walked into any legal state they can make all the arrests they want to my knowledge at least if I'm wrong please correct me

[–] [email protected] 10 points 10 months ago (1 children)

You may not have seen the recent drama with Texas refusing to allow the feds to patrol the border.

[–] [email protected] 0 points 10 months ago (1 children)

Yes, but they are correct. Cannabis is a schedule 1 drug at the federal level, same as heroin.

There is nothing legally preventing the federal government from arresting everyone in every state who possesses or sells cannabis. It isn't relevant that cannabis is legal recreationally or medically at the state level in most of the country

We're just hoping that the federal government continues its discretionary policy of looking the other way. But, much like Roe, uncodified rights have a recent habit of disappearing overnight

[–] rambaroo 2 points 10 months ago (1 children)

The feds gave nothing to do with this. This is about local police