A Texas appeals court ruled that Austin cannot enforce its marijuana decriminalization ordinance, which prohibited police from citing or arresting individuals for possessing small amounts of marijuana. This decision marks the second ruling within a month where the court sided with the state against local decriminalization efforts.
On April 25, 2025, the 15th Court of Appeals reversed a previous decision by Travis County District Judge Jan Soifer, who had dismissed a lawsuit filed by Texas Attorney General Ken Paxton against Austin’s ordinance. The appeals court concluded that the city had overstepped its authority by obstructing the enforcement of state drug laws, labeling the city’s law as an abuse of discretion.
Earlier in the month, the same court ruled against a similar ordinance in San Marcos, affirming that the local law conflicted with state regulations and could not be enforced. The court stated, ‘Consistent with the City of San Marcos, we conclude that the ordinance in this case is also preempted by state law.’
Austin’s ordinance was approved by voters in May 2022, allowing possession of up to 4 ounces of marijuana. Prior to this, local law enforcement had already been refraining from arrests for minor possession due to challenges in distinguishing marijuana from hemp, which was legalized in Texas in 2019.
Austin Mayor Pro Tem Vanessa Fuentes expressed disappointment with the ruling, emphasizing that it disregards the will of Austin voters. ‘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,’ Fuentes stated.
Paxton’s lawsuit, filed in 2024, accused Austin of violating state law and endorsing the use of illegal drugs. He argued that the Texas Local Government Code prohibits localities from implementing policies that hinder the full enforcement of drug laws. Similar lawsuits against San Marcos, Killeen, Denton, and Elgin were also initiated by Paxton, targeting their decriminalization policies.
In previous rulings, Hays County District Judge Sherri Tibbe dismissed Paxton’s case against San Marcos, noting that the state had not suffered any injury from the city’s decriminalization efforts. However, the appeals court’s recent decisions have now overturned these earlier rulings, leading to uncertainty regarding the future of marijuana decriminalization in Texas.
The implications of these court decisions extend beyond Austin. In Denton, where voters supported decriminalization by over 70%, the initiative’s implementation has stalled as city officials cited conflicts with state law. The case against Killeen remains unresolved, while a settlement in Elgin concluded the legal dispute without an admission of fault from either party.
These court developments coincide with ongoing legislative discussions in Texas regarding THC products. Proposed bills aim to ban hemp products with any THC content and restrict the sale of synthetic THC items. Lt. Gov. Dan Patrick has indicated a willingness to call a special legislative session if these measures do not pass by the end of the current session on June 2.
Furthermore, the Texas Senate recently approved a bill prohibiting local jurisdictions from placing drug decriminalization ordinances on ballots, indicating a strong push from state lawmakers to maintain strict control over marijuana laws.
Overall, the legal landscape for marijuana decriminalization in Texas faces significant challenges as state authorities continue to assert their dominance over local policies.
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