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.
I see where you’re coming from, and maybe that even is how they’re thinking, but I’m reminded of a joke by John Mulaney. After marijuana was legalized in his state, he declared as much to the audience, and then he asked white people to stop clapping: “It was ALWAYS legal for us.” So yes, they do indeed prosecute black people and other PoC more frequently for weed use, but only because they chose to. So, to me, this just emphasizes that they could make any law they wanted work that way. It doesn’t matter if it’s disproportionately committed by PoC or not, they’ll just prosecute that way anyway.