Appellate court finds Austin's marijuana ordinance unlawful
'We have inspected the record and find error in the order granting appellees' plea to the jurisdiction and the order denying appellant's application for temporary injunction. We therefore order the judgment of the court below REVERSED and REMAND the cause for proceedings in accordance with the court's opinion,' the ruling said.
In 2022, more than 85% of Austin voters approved a proposition to decriminalize less than four ounces of the drug.
'This court ruling is a huge letdown. Austin voters made their voices loud and clear in 2022, and instead of respecting that, the State has chosen to ignore their will,' Mayor Pro Tem Vanessa Fuentes said. 'Now, our police will be forced to waste time on minor marijuana cases instead of focusing on violent crimes. Once again, the State is stepping on local decisions that reflect the values Austin residents actually care about.'
While this ruling opens the door for officers to resume citing people for possession, city officials say their focus remains on more serious crimes.
'Sometimes the court system, and in this case the attorney general, are not in agreement with Austin voters,' Austin City Council Member Ryan Alter said. Alter added that if the policy needs to change, Austin will comply.
San Marcos got the same answer from the appellate court last Thursday. The court also issued an opinion siding with Texas Attorney General Ken Paxton, stating that San Marcos' marijuana decriminalization ordinance violates state law.
In 2022, over 80% of San Marcos voters approved a proposition that ended low-level marijuana enforcement in the city. In 2024, Paxton sued San Marcos and other cities, including Austin and Killeen, over marijuana decriminalization ordinances passed around the same time or shortly after San Marcos.
Appellate court finds San Marcos voter-approved marijuana ordinance unlawful
'The Texas Local Government Code prohibits the 'governing body of a municipality… municipal police department, municipal attorney, county attorney, district attorney, or criminal district attorney' from 'adopt[ing] a policy under which the entity will not fully enforce laws relating to drugs,'' the opinion filed in the Fifteenth Court of Appeals read.
'San Marcos, however, has passed a local ordinance prohibiting its police officers from issuing citations and making arrests for certain low-level marijuana offenses,' it continued.
A Hays County district court judge dismissed the lawsuit in July 2024, but it is now likely to go to trial.
In a statement to KXAN, the city of San Marcos confirmed it cannot enforce the marijuana ordinance 'pending a trial on the merits.'
KXAN's Sam Stark contributed to this report. You can find his full report on San Marcos' ruling here.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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