Pot- and Texas-loving Austin podcaster Joe Rogan isn’t too happy about Paxton’s move. “Dude, listen, this is stupid, Ken,” Rogan said on his podcast this week. “Don’t get involved in this. This is a dumb perspective. The whole law is dumb.”
Now, one North Texas group is fighting back.
The grassroots group behind Denton’s marijuana decriminalization policy, Decriminalize Denton, has filed a petition of intervention as part of Paxton’s lawsuit. This makes Decriminalize Denton an affected party in the suit. Through this move, the group will try to get the lawsuit dismissed on the grounds that it has no legal standing.
Denton’s city manager and chief of police have refused to implement Prop B, the ballot initiative voters approved that decriminalized small amounts of marijuana in the city. The Denton City Council has also refused to enforce the ordinance. Because of this, the group says, Paxton can’t show that the ordinance has harmed the state in any way.
“Legal precedent has long established that a law can only be said to do harm to any party upon its implementation, not by its mere existence,” the group said in a press release Monday. “We believe that Paxton’s recent decision to belatedly sue Denton and several other Texas home-rule cities over their democratically-decided misdemeanor cannabis enforcement policy ordinances is nothing more than a desperate eleventh-hour political stunt, an overreaching and self-serving waste of state taxpayers’ money, intended to distract from his own mounting legal troubles over felony crimes far more serious than misdemeanor cannabis or paraphernalia possession.”
In addition to Denton, Paxton sued Austin, San Marcos, Killeen and Elgin, all of which have passed similar marijuana decriminalization policies. An organization called Ground Game Texas has been behind the efforts to decriminalize marijuana in these cities. The ordinances do a little more than just decriminalize low levels of marijuana."'Why now?' I can only speculate and my guess is simply that he’s pretty desperate.” – Deb Armintor, Decriminalize Denton
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Nick Stevens, co-chair and spokesperson for Decriminalize Denton, said in Denton, for example, the ordinance bans citations and arrests for possession of up to 4 ounces of marijuana. On top of that, it prevents police from using the smell test as probable cause to search. It also bars the city from funding THC tests.
According to The Texas Tribune, the ordinances in each city had high levels of support. In Austin, 85% of voters were in favor of the ordinance; in San Marcos, 82%; in Elgin, nearly 75%; in Killeen, close to 70%; and in Denton, 71%.
But still, Paxton has a beef with these five cities.
“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 said in a press release about his lawsuits. “This unconstitutional action by municipalities demonstrates why Texas must have a law to ‘follow the law.’ It’s quite simple: the legislature passes every law after a full debate on the issues, and we don’t allow cities the ability to create anarchy by picking and choosing the laws they enforce.”
Deb Armintor, chair of Decriminalize Denton and a former city council member, said Paxton’s lawsuits are the perfect opportunity for him to distract from his own very public legal difficulties. “I wondered ‘Why now?’" she said. "I can only speculate and my guess is simply that he’s pretty desperate.”
Armintor said the ordinance has been on the books in Denton for two years, and longer in other cities. “It’s quite puzzling that he’s doing this at this particular time,” she said.
The Denton City Council discussed Paxton’s lawsuit during a closed session at its meeting Tuesday. Armintor said she’s not sure yet how the city will respond. The way she sees it, the city has three options: do nothing, fight back or repeal the ordinance entirely. Decriminalize Denton does not want the ordinance to be repealed. Armintor said the group is hoping the city will join them in trying to get the lawsuit dismissed. “It’s a completely groundless suit,” Armintor said.
It’s still uncertain how each city will respond, but it seems the city of Killeen is ready to put up a fight. Bell County also sued the city of Killeen over its marijuana decriminalization ordinance. Local attorney Philip Kingston is representing the city in the Bell County suit. Asked if the city was prepared to wave the white flag, Kingston told the Killeen Daily Herald: “Surrender to Ken Paxton? … We understand that the attorney general has an agenda, but I recall when conservatism meant small government and allowing municipalities to govern themselves.”****BREAKING NEWS / CALL TO ACTION!****
— Decriminalize Denton (@DecrimDenton) February 5, 2024
Feb 5, 2024: Decriminalize Denton has filed a PETITION TO INTERVENE in Paxton's lawsuit against Denton's democratically-decided cannabis decriminalization ordinance, a.k.a. Prop B.
(Cont'd below!) pic.twitter.com/BN1us4NfxY
He added: “The people of Killeen made it extremely clear that they do not want low-level, non-violent possession of marijuana to put vulnerable people into the criminal justice system. The city of Killeen has clear legal authority to enact that policy by local ordinance. Alleged criminal Ken Paxton and Bell County are wasting tax dollars pretending otherwise.”
Stevens said it's important to note that Bell County had asked Paxton to get involved in its suit, but he declined. "All of the sudden, a change of heart," Stevens said of Paxton's lawsuits.
In a statement to ABC affiliate KVUE, the city of Elgin said it has yet to be served. It, too, has yet to implement the decriminalization policy approved by voters.
Austin City Council member Chito Vela weighed in on the lawsuit on X. “Not arresting people found [with] small amounts of marijuana has saved countless hours of law enforcement’s time and lots of tax dollars,” Vela wrote. “It’s allowed police to focus on more serious offenses while they are short staffed. Decriminalizing marijuana IS pro-public safety!”
Decriminalize Denton is urging Denton residents to reach out to their City Council members and the mayor to tell them not to repeal the ordinance and to work to get the lawsuit dismissed.
