A Texas judge has denied Attorney General Ken Paxton’s attempt to stop the enforcement of a marijuana decriminalization law that Dallas voters overwhelmingly approved. This decision means the policy remains in place—for now—while legal battles continue.
Judge Denies State’s Effort to Override Local Vote
On Friday, Judge Dale Tillery of the 134th Civil District Court rejected a request from Paxton, who sought a temporary injunction to prevent Dallas from carrying out its voter-approved decriminalization of low-level marijuana possession. The ruling allows the city’s policy to stay in effect as the lawsuit moves forward.
The judge’s order was brief and to the point:
“Upon consideration of the pleadings, the application, responses, evidence, and oral arguments presented, if any, the Court finds that the application is hereby DENIED.”
This isn’t the end of the case, but it’s a significant win for supporters of the policy. For now, the city’s decision to stop low-level marijuana arrests will stand.
A Win for Voters and Local Control
Dallas voters made their stance clear last year, approving the decriminalization measure by a large margin. Councilmember Adam Bazaldua, a key advocate for the reform, emphasized that this was a democratic decision.
“Voters gave us a mandate last year—over two-thirds voted in favor of misdemeanor marijuana decriminalization,” Bazaldua said in a statement after the ruling.
He also pushed back against the attorney general’s intervention, arguing that it’s not up to state officials to overturn a local election.
“Black and brown residents had been disproportionately criminalized in our city for the possession of a substance that’s legal in over half the country. Voters quite reasonably chose to end that injustice, and to allow law enforcement to focus on more serious issues.”
Texas Attorney General’s Office Fights Back
Paxton, a Republican and longtime opponent of marijuana reform, isn’t giving up. His office’s lawsuit argues that the Dallas policy conflicts with state law, which still treats cannabis possession as a crime.
State officials have repeatedly pushed back against local decriminalization efforts, arguing that cities and counties lack the authority to override state drug laws. This legal battle is the latest in a growing fight between Republican state leadership and Texas cities that are trying to implement reforms on their own terms.
This isn’t the first time Paxton has taken action against local marijuana policies. His office has also targeted similar efforts in Austin and San Marcos, where voters have passed measures to end low-level marijuana arrests.
The Broader Fight Over Marijuana Policy in Texas
Texas remains one of the more restrictive states when it comes to marijuana. Despite growing public support for legalization, efforts to change the law at the state level have repeatedly stalled in the legislature.
While medical cannabis is legal in limited cases, recreational use remains outlawed. Still, a number of Texas cities, including Austin, San Marcos, and now Dallas, have passed decriminalization measures to reduce arrests for simple possession.
Here’s how marijuana policy currently looks in Texas:
| Policy Area | Status in Texas |
|---|---|
| Recreational Use | Illegal |
| Medical Use | Limited, with restrictions |
| Decriminalization | Varies by city (not statewide) |
| Law Enforcement Discretion | Some cities instruct police to deprioritize enforcement |
This patchwork approach has led to legal clashes between local officials and state leaders, with conservative politicians seeking to maintain strict prohibition while cities try to loosen enforcement.
What Happens Next?
The legal battle isn’t over. Paxton’s lawsuit against Dallas’ decriminalization measure is still pending, meaning another ruling could change the policy’s fate. If a court eventually sides with the state, the city may be forced to resume enforcing marijuana possession laws.
But for now, the ruling is a major victory for local control and marijuana reform advocates. Dallas police officers won’t be arresting people for small amounts of marijuana, and the policy approved by voters will remain in place—at least until the courts have the final say.
