Das texanische Berufungsgericht bestätigt das staatliche Gesetz und verwirft die Entkriminalisierung

A Texas appeals court ruled in favor of Attorney General Ken Paxton, invalidating two local ordinances aimed at decriminalizing small amounts of marijuana in Austin and San Marcos. This decision follows a trend where several Texas cities, including Dallas, Bastrop, and Lockhart, had previously passed measures to reduce penalties for marijuana possession.

Over recent years, decriminalization initiatives have gained traction in Texas, with voters in various cities overwhelmingly supporting such measures. For instance, San Marcos residents approved their ordinance with approximately 80% in favor. These ordinances intended to limit police enforcement of marijuana laws, reflecting a growing public sentiment against strict drug penalties.

Paxton’s legal challenge argued that local governments do not have the authority to counter state drug laws. The appeals court, specifically the newly established 15th Circuit Court of Appeals, agreed, stating that the local ordinances conflicted with existing state law and could not be enforced.

Prior to the court’s ruling, marijuana possession enforcement had already diminished in Texas, influenced by a 2019 law that legalized hemp and created challenges for law enforcement to differentiate between hemp and marijuana. However, the implications of this ruling may lead to increased police enforcement of marijuana laws in Austin and San Marcos.

Katherine Neill Harris, a drug policy fellow at the Baker Institute for Public Policy, noted that local police have discretion in enforcing laws, which could result in varied responses on the ground. Despite the ruling, she pointed out that local ordinances had garnered significant support from voters, and many residents view the court’s decision as a disenfranchisement of their voices.

Looking ahead, the ruling may have a chilling effect on future decriminalization efforts in Texas. While there is ongoing discussion around hemp regulation at the state level, the prospects for a statewide decriminalization initiative appear dim in the current legislative session.