KILLEEN, Texas — Bell County has officially filed a lawsuit against the City of Killeen in an effort to stop the city's new marijuana proposition that was approved by voters back in November 2022.
According to the City of Killeen, Proposition A eliminates low-level marijuana enforcement, prohibiting officers from arresting or giving tickets to those with Class A or B misdemeanor possessions of marijuana.
Bell County commissioners voted back in January 2023 to sue the City of Killeen over this ordinance, but the lawsuit wasn't filed until Tuesday, April 14.
The document states, "The suit revolves around a municipal ordinance affecting enforcement of state criminal law. The District Court has jurisdiction to determine declaratory and injunctive actions."
Bell County argues that because this ordinance is inconsistent with state law, it is unenforceable, invalid and unconstitutional.
According to the document, Bell County requests that "City Secretary immediately remove from publication the ordinance in print forms, including online municipal code database."
The County also cites 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 document also includes that once the ordinance is stopped, the issue will be resolved.
There is currently no timetable as to when the lawsuit will be taken to court.
6 News will update with the latest
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