In a recent development in Texas' battle over marijuana law enforcement, a Hays County District Judge tossed out a lawsuit from Attorney General Ken Paxton that attempted to push San Marcos into reinstating marijuana possession arrests. Citing last week's court decision, The Texas Tribune reported that nearly 82% of the city's voters supported the move to decriminalize the substance in 2022 under Proposition A. The ordinance, which resulted from a petition backed with 10,000 signatures and the support of various advocacy organizations, effectively ended misdemeanor-related marijuana arrests and citations by local police up to four ounces, though specific felony-related cases remain unaffected.
Running into a dismissal at court, Ken Paxton claimed these local ordinances set a dangerous precedent, stating in a January announcement, “I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities.” According to The Texas Tribune, Hays County district judge Sherri Tibbe found that the state had not suffered injury due to San Marcos' policy change, which re-directed law enforcement resources towards more pressing public safety needs.
In a similar case, Travis County District Judge Jan Soifer also dismissed a suit against Austin, indicating an absence of legal grounds for pursuing the case. On the other hand, Elgin sidestepped the courtroom by entering into a consent decree. According to Elgin city manager Tom Mattis, their ordinance had not been acted upon due to conflicting state laws, thus asserting that the lawsuit was superfluous in their context. Mattis conveyed to The Texas Tribune, “The litigation was a ridiculous waste of public resources and time.”
Speaking with the executive director of Mano Amiga, Eric Martinez described the court's dismissal as a victory for the people of San Marcos and any community facing unwarranted state interference. “It reaffirms our commitment to ensuring that our city officials can follow the will of the voters and perform their duties without the shadow of unfounded legal challenges,” Martinez told The Texas Tribune. Meanwhile, advocacy group Ground Game Texas moves to replicate its successful San Marcos initiative in Dallas, collecting enough signatures to put the decriminalization proposition on the November ballot. Their executive director, Catina Voellinger, told The Texas Tribune "this is a winning movement," signaling a broader shift in local marijuana enforcement across Texas.
