Courts Side With Cities In Fight Over Marijuana Laws

Travis County District Judge Jan Soifer and Hays County Court Judge Sherri Tibbe have both rejected Texas Attorney General Ken Paxton’s requests for temporary injunctions against the decriminalization ordinances in Austin, San Marcos, and Dallas.

David Coale, a partner at Lynn Pinker Hurst & Schwegmann in Dallas, pointed out that although Texans have strong views on cannabis, he believes this decision won’t have a major effect. According to Spectrum News, Coale expressed skepticism about any Texas city prioritizing the arrest of individuals caught with small amounts of marijuana.

“It’s really more about the symbolism of having these laws on the books, and what they represent is a broader judgment about cannabis,” Coale emphasized.

Despite the appeals court ruling that ordinances like these cannot be enforced, local municipalities and law enforcement agencies in Texas still retain significant discretion over how they handle cannabis law enforcement.

Ground Game Texas Communications Director Amy Kamp commented that the Fifteenth Circuit’s decisions are not unexpected, given the current political environment surrounding marijuana in the state. “It’s really disappointing. It’s frustrating,” Kamp expressed.

She shared concerns about the individuals who may end up in court, or even jailed, for possessing small amounts of cannabis, despite strong voter support for decriminalization in the affected cities. In 2022, Kamp noted, 86% of Austin voters and 82% of San Marcos voters supported the ballot measures to decriminalize marijuana.

Nevertheless, Attorney General Ken Paxton filed lawsuits against both cities last year, arguing that the ordinances conflicted with state law. “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,” said Paxton. “This unconstitutional action by municipalities demonstrates why Texas must have a law to ‘follow the law.’ It’s quite simple: the legislature passes every law after a full debate on the issues, and we don’t allow cities the ability to create anarchy by picking and choosing the laws they enforce.”

With court rulings still unfolding and political debates heating up, it’s unclear what’s next for local cannabis laws. For now, cities are stuck between what voters want and a legal system that’s still figuring out how to handle it all.