The Austin Chronic: How Worried Should Cannabis Users Be Over Paxton Suing Austin?

On Jan. 31, Texas Attorney General Ken Paxton turned his attention away from his many legal concerns – an upcoming court date on felony fraud charges, depositions in a separate whistleblower lawsuit, and renewed allegations that he’s broken state ethics laws by not disclosing real estate holdings – to file five lawsuits against Texas cities that have decriminalized personal possession of marijuana: San Marcos, Elgin, Killeen, Denton, and, of course, Austin.

“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,” Paxton wrote in a press release announcing the court filings, which accuse municipal leaders of acting beyond their authority and violating the Texas constitution.it’ll likely take years to play out in court, the A.G.

There are two arguments we can make to hold on to the policy. One is that cities have authority over where to spend their time and resources. We could have all of our cops, all day, chasing down nothing but jaywalkers and drivers that failed to signal a turn. Thank God they don’t, because we should prioritize city resources on better things like investigating cold cases and violent crime – not chasing people down for a joint.

Argument number two is that hemp is legal in Texas and no cop who’s stopped you, nor his police dog, can identify the difference in THC content of cannabis. So why would the police make an arrest when they don’t know if you’re breaking the law or not? That’s always been our strongest argument and I don’t think Ken Paxton has a good legal argument against that.

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