A Texas appeals court has invalidated a voter-approved ordinance that decriminalized marijuana possession in San Marcos. The court’s decision came last week, reversing an earlier ruling that had denied a temporary injunction against the ordinance’s enforcement.
Judge April Farris stated that Texas state law classifies marijuana possession as a criminal offense, effectively nullifying the local ordinance. The ordinance, known as Proposition A, had garnered support from over 80% of voters in San Marcos during the 2022 election. It aimed to limit police actions related to marijuana possession, specifically allowing individuals to possess up to four ounces without facing arrest or citations by the San Marcos Police Department, unless involved in a felony investigation.
Additionally, the ordinance prohibited the police from issuing citations for possession of drug paraphernalia or residue, using city resources to test THC levels, and citing the smell of marijuana as probable cause for searches. However, it was important to note that the ordinance applied only to the San Marcos Police Department, excluding other law enforcement agencies operating in the area.
In early 2024, Texas Attorney General Ken Paxton filed a lawsuit against San Marcos, along with four other cities—Austin, Killeen, Denton, and Elgin—that had enacted similar decriminalization policies. Paxton argued that these local ordinances conflicted with state law, which imposes penalties for marijuana possession and related offenses. This legal challenge set the stage for the appeals court ruling that reinstated the enforcement of state marijuana laws in San Marcos.
The recent court decision highlights ongoing tensions between local decriminalization efforts and state law in Texas, where marijuana remains illegal despite growing public support for reform. The future of marijuana policy in Texas continues to be a contentious issue, as cities like San Marcos seek to implement changes that reflect the views of their constituents.
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