Texas AG sues Denton, Austin, other cities over marijuana ordinance

Texas Attorney General Ken Paxton is suing Denton and four other cities over their policies to decriminalize marijuana.

Details: The suit alleges municipalities don't have the authority to do so under state law, the AG's office announced Wednesday .

• Denton officials tell Axios they are aware of the lawsuit but have not yet filed a response.

Why it matters: The news represents the Republican-led state's latest attempt to roll back Democratic cities' home rule authority .

• The state legislature passed a law to prevent district attorneys from not prosecuting certain crimes , such as low-level drug offenses, as well as one to limit local regulations on businesses.

Catch up fast: Denton voters overwhelmingly approved an ordinance to decriminalize low-level marijuana offenses in 2022, which boasted the largest turnout for a municipal election.

But, but, but: It is not actually being enforced yet, following city council fears that Denton would face litigation .

• In June, the council voted not to adopt the ordinance despite voter passage, per WFAA .

The latest: The AG's lawsuit , which also targets Austin, San Marcos, Killeen and Elgin, seeks an injunction to force Denton to repeal the ordinance.

• The suit states that municipalities cannot implement ordinances that contradict the Texas Code of Criminal Procedure or counter state law.

The big picture: More than half of Americans live in states where marijuana is legal for recreational use.

• 38 states have legalized medical marijuana usage , but Texas is not one.
• The state does have a compassionate use program for low-THC use in some situations.

What they're saying: "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.

• The other side: Nonprofit advocacy group Ground Game Texas called the suit "an anti-democratic assault on the constitutional authority of Texas Home Rule cities to set local law enforcement priorities."

What we're watching: Ground Game Texas is collecting signatures in Dallas to push a similar marijuana decriminalization ordinance.