Texas AG Ken Paxton sues 5 cities over marijuana amnesty policies, cites drug’s reported links to ‘psychosis’

Texas Attorney General Ken Paxton has filed lawsuits against five Texas cities – Austin, Denton, San Marcos, Killeen and Elgin – over their marijuana amnesty and non-prosecution policies. 

The litigation charges that the five municipalities adopted ordinances or policies instructing police not to enforce Texas drug laws concerning possession and distribution of marijuana, which the state attorney general's office describes as "an illicit substance that psychologists have increasingly linked to psychosis and other negative consequences."

"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 statement Wednesday. "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."

The ordinances notably prevent city funds from going toward or personnel from even testing suspected marijuana seized by police officers, with limited exceptions. 

The attorney general's office said Paxton "remains committed to maintaining law and order in Texas when cities violate the lawful statutes designed to protect the public from crime, drugs, and violence. He continues to seek accountability for the rogue district attorneys whose abuse of prosecutorial discretion has contributed to a deadly national crimewave." 

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The lawsuits stress that Texas Local Government Code forbids any political subdivision from adopting "a policy under which the entity will not fully enforce laws relating to drugs." Further, the Texas Constitution notes that it is unlawful for municipalities to adopt ordinances that are inconsistent with the laws enacted by the Texas Legislature (Article 9, Section 5). 

Namely, with the Democratically-run city of Austin, Paxton's lawsuit takes issue with an order that became effective on July 3, 2020, instructing the Austin Police Department not to make an arrest or issue a citation for marijuana possession unless in the investigation of a violent felony or high priority felony-level narcotics case. 

A ballot measure known as Proposition A to further eliminate low-level marijuana enforcement later won the vote in 2022, and the City Council codified it into law as the Austin Freedom Act. 

In addition to limiting police from filing marijuana possession charges unless they come as part of a high-level probe or at the direction of a commander, the measure also states that no city funds or personnel shall be used to request, conduct, or obtain tetrahydrocannabinol (THC) testing of any cannabis-related substance, except in some limited circumstances. It adds the caveat that the prohibition shall not limit the ability of police to conduct toxicology testing to ensure public safety, nor shall it limit THC testing for the purpose of any violent felony charge.

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Austin, Denton, San Marcos, Killeen and Eligin are all considered "home-rule" jurisdictions, meaning they have the "full power of self-government" and do not need grants from the state legislature to enact local ordinances.

In Killeen, located next to the once embattled Fort Hood, since renamed Fort Cavazos, voters approved a Proposition A of their own in 2022. 

It similarly states that officers should not make arrests for marijuana possession or drug residue alone. If there is probable cause to believe a substance is marijuana, officers can seize the substance. But the ordinance requires that police then also write a detailed report and release the individual if possession of marijuana is the sole charge. 

In Denton, located in the Dallas Fort-Worth metro area, another similar measure enacted by City Council known as Proposition B says officers cannot issue citations or make arrests for Class A or B misdemeanor marijuana possession. Elgin, considered a suburb of Austin, and San Marcos, which sits on the corridor between Austin and San Antonio, also both adopted similar ordinances designed to stifle marijuana enforcement in conflict with state law, according to Paxton's lawsuits.

The litigation comes after headline-making news out of California, where a judge recently ruled a woman who stabbed her boyfriend 108 times before slicing her own neck as police tried to stop her will not serve any prison time because she had fallen into a pot-fueled psychosis after getting high on drugs at the time. 

Though unrelated, the marijuana lawsuits were filed just a day after the Texas Supreme Court on Tuesday agreed to temporarily halt Paxton's scheduled testimony in a whistleblower lawsuit that was at the heart of the impeachment charges brought against him in 2023, delaying what could have been the Republican’s first sworn statements on corruption allegations. 

Former Democrat offers advice for Texas mayor under fire for ditching Dem Party to join GOP

EXCLUSIVE: A Democrat-turned-Republican congressman has advice for Dallas Mayor Eric Johnson, who also decided to switch parties and become a Republican last week: Follow your "heart" and your "brain."

Speaking with Fox News Digital as the four-year anniversary of his own party flip draws nearer, Rep. Jeff Van Drew, R-N.J., said he appreciated that Johnson came to the "same conclusion" as he did that the Democratic Party of years past was simply "no more."

"I appreciate what he did, and, as the mayor of Dallas, he came to the same conclusion that I did. He just didn't fit into the party anymore," Van Drew said. "You know, I was just constantly arguing, voting against all the different things they wanted to do. And it climaxed with the Trump impeachment, which was baseless and false."

"What they've done to our Department of Justice, what they've done to our FBI, what the attorney general has done, what the FBI director has done, what our secretary of state did and still does, all of this is awful," he added. "[Johnson] knows that this is wrong, and he came to the right conclusion. And I'd tell him to follow his heart and his brain and he will be fine."

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When asked if he had any regrets about switching parties in 2019, Van Drew gave the simplest of answers: "Not even in the slightest."

"The more I see and the more I hear, the happier I am that I have changed," he said. "I'm a conservative. There used to be room for something called a Blue Dog Democrat, a conservative Democrat. Those times are no more. I want people to know who are watching this, there is no longer really a conservative branch of the Democratic Party."

"This is not your mother's and father's or grandmother's or grandfather's Democratic Party. This is an extremely left-wing socialist party that wants to completely change our republic and completely destroy the American experience. So, I am happy that I changed," he added.

Van Drew said his strong feelings does not mean that Republicans, or anyone for that matter, are perfect, but it is a necessity to have "love of the United States of America in your heart and soul."

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"You have to believe in this great republic. And those are the kinds of elected officials and senators and congresspeople that we need," he said.

After news broke last week that Democrat New Jersey Sen. Bob Menendez was facing a federal indictment on bribery and corruption charges, which he denies any wrongdoing, Van Drew, who represents New Jersey's 2nd Congressional District, confirmed he was "strongly considering" a run to unseat him.

Van Drew told Fox that, beyond Menendez's alleged crimes, New Jerseyans are "tired" of high taxes, Democrats interfering in the relationship between parents and children, policies that degrade law enforcement, the amplification of "woke" culture in the military, and the controversial subjects being taught to children in schools.

"This is unbelievable stuff. And New Jerseyans by and large — yes, it's a blue state, but they're hard-working, good people that pay an awful lot in taxes and are trudging through life — they're sick of it. So, it's more than just about me. It really is about the United States of America. It really is about the state of New Jersey," he said, noting that it has been more than 50 years since the state put a Republican in the Senate.

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"So, I'm going to think about it, you know, very seriously. I'm going to work my way through — it requires speaking to my closest friends. It requires speaking to my family and my advisers and other folks. I want to do this carefully and I want to make sure right now, though, I am focused on my job as South Jersey's congressman," he said.

However, Van Drew dismissed any timeline for when he might make a decision on a potential run.

"I'm going to think about it long and hard, make sure I'm doing the right thing for the country, the right thing for New Jersey and the right thing for my congressional district. I love my congressional district, so it is all very, very important to me. And I'm going to make sure that I do the right thing," he said.

Texas city council mandating use of preferred pronouns upon threat of ‘termination’

Employees of the City of Dallas, Texas, must use people's preferred pronouns or risk termination, according to recently publicized documents.

An internal document titled "Workplace Gender Transition Protocols & FAQ" explains the city's expectations for conduct regarding transgender individuals.

The guidelines explain that "gender transition" can refer to a spectrum of situations, all of which are equally protected.

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The document reads, "Transition may include ‘coming out’ (telling family, friends, and coworkers), changing the name and/or sex on legal documents, and/or accessing medical treatment such as hormones and/or surgery."

City employees are "expected to respectfully use the transitioning employee’s preferred name and pronouns, regardless of whether or not they ‘believe in,’ approve of, or accept an individual’s right to be transgender or undergo a gender transition," according to the guidelines.

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It adds, "An employee has the right to be addressed by the name and pronoun of their choice. Our addressing the employee by their chosen pronoun is a sign of respect for them as an individual."

The document claims that "refusing to respect an employee’s gender identity by intentionally referring to an employee by a name or by pronouns that do not correspond to the employee’s gender identity" is a form of discrimination and harassment.

Failing to follow the city's protocol is grounds for an internal investigation and "may be disciplined up to and including termination."

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Fox News Digital reached out to the City of Dallas for clarification on whether one may be excused from the behavioral guidelines based on sincerely held religious convictions.

"The City of Dallas is a safe and welcoming place for all residents and employees," the city government told Fox News in an exclusive statement. "The City prohibits discrimination and harassment of employees based on a protected category including race, color, age, religion, sex, marital status, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, and military or veteran status."

"Violations of these long-standing policies may result in disciplinary action," the message added, failing to clarify how the intersection of gender identity and religion convictions is handled.

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The city government, referring to the workplace conduct document as a "toolkit," said that the policies were developed by the City's Office of Equity.

"The toolkit […] is a draft of guidelines developed by the City’s Office of Equity and Inclusion with input from Human Resources staff to address the needs of transgender and gender nonconforming employees and provide guidance to supervisors and managers on how to protect the rights and safety of such employees."

The document recommends that supervisors consult with transgender employees about appropriate responses and discipline for coworkers failing to abide by the guidelines.