KILLEEN, Texas — The City of Killeen provided a response to Attorney General Ken Paxton's lawsuit over its marijuana ordinance on Tuesday, March 5.
According to the City of Killeen, the ordinance eliminates low-level marijuana enforcement, prohibiting officers from arresting or giving tickets to those with Class A or B misdemeanor possessions of marijuana.
Paxton announced his lawsuits against five cities with similar ordinances including Austin, San Marcos, Elgin, Denton and Killeen on Jan. 31, 2024.
The City of Killeen released the following statement:
"On March 4, the City of Killeen filed its Special Exceptions, Pleas to the Jurisdiction, and Original Answer, as well as a Pleas in Abatement to abate this second case which was filed by the Attorney General's Office on behalf of the State, since there is already a pending case in which the City of Killeen, Bell County and the State of Texas are parties related to the same ordinance, policy, and statutes."
Back in April of 2023, Bell County filed a lawsuit that argues the ordinance is inconsistent with state law, unenforceable, invalid and unconstitutional.
Paxton has similar feelings towards it as he says the ordinance does "violate Texas laws concerning marijuana possession and distribution."
Both Bell County and Paxton cite Article XI Section 5(a) of the Texas Constitution which states the following:
"No...ordinance passed under [a city] charter shall contain any provision inconsistent with the Constitution of the State or the General laws enacted by the Legislature of this State."
The City of Killeen's response appears to show that officials are attempting to get this lawsuit from Paxton dismissed as they are currently dealing with the one brought on by Bell County.
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