Texas Local Decriminalization

Austin

Population: 995,159

Passed: 2022
Municipal Initiative
Quantity: 2 oz or less
Penalty: Police officers “shall not issue citations or make arrests for Class A or Class B misdemeanor possession of marijuana offenses” absent defendants’ alleged involvement in a “felony level narcotics” case. The measure also prohibits local police from executing ‘no knock’ warrants.
(Details)

Bastrop

Population: 12,934

Status: City officials failed to adopt the ordinances out of fear of litigation from AG Ken Paxton
Municipal Initiative
Quantity: 2 oz or less
Penalty: “The Bastrop Police Department shall not make any arrest or issue and citation for Class A or Class B misdemeanor marijuana possession”
(Details)

Bexar County

Population: 1.979 M

Passed: 2017
City Council Resolution
Quantity: 4 ounces
Penalty: Summons and Release
(Details)

Cedar Park

Population: 77,181

Passed: 2019
Implemented by Sheriff’s Office
Quantity: Up to 2 ounces
Penalty: Summons and Release
(Details)

Dallas

Population: 1.3 M

Passed: 2024
Municipal Initiative
Quantity: 2 ounces or less
Penalty: “The Dallas Police Department shall not make any arrest or issue any citation for Class A or Class B misdemeanor marijuana possession”
(Details)
Quantity: 2 ounces to 4 ounces
Penalty: Summons and release
(Details)

Denton

Population: 148,100

Status: City officials in 2025 voted to repeal the ordinance
Passed: 2022
Municipal Initiative
Quantity: 2 oz or less
Penalty: Police officers “shall not issue citations or make arrests for Class A or Class B misdemeanor possession of marijuana offenses” absent defendants’ alleged involvement in a “felony level narcotics” case.
(Details)

Elgin

Population: 10,500

Passed: 2022
Municipal Initiative
Quantity: 2 oz or less
Penalty: Police officers “shall not issue citations or make arrests for Class A or Class B misdemeanor possession of marijuana offenses” absent defendants’ alleged involvement in a “felony level narcotics” case.
(Details)

El Paso

Population: 679,879

Passed: May 2020
City Council Resolution
Quantity: 4 ounces
Penalty: Summons and Release
(Details)

Harker Heights

Population: 35,600

Status: City officials have thus far refused to adopt the ordinance
Passed: 2023
Municipal Initiative
Quantity: 2 ounces or less
Penalty: This ordinance limits local law enforcement from making arrests or issuing citations for most marijuana-related violations. It also prohibits police in most circumstances from considering the odor of cannabis as probable cause of a crime.
(Details)

Harris County (Houston)

Population: 4.681 M

Passed: 2017
City Council Resolution
Quantity: 4 ounces
Penalty: Summons and Release
(Details)

Hays County

Population: 222,827

Passed: 2009
Implemented by the Sheriff’s office
Quantity: 2 ounces or less
Penalty: Summons and Release
(Details)

Killeen

Population: 156,200

Passed: 2022
Municipal Initiative
Quantity: 2 oz or less
Penalty: Police officers “shall not issue citations or make arrests for Class A or Class B misdemeanor possession of marijuana offenses” absent defendants’ alleged involvement in a “felony level narcotics” case.
(Details)

Lockhart

Population: 15,300

Status: City officials failed to adopt the ordinances out of fear of litigation from AG Ken Paxton
Passed: 2024
Municipal Initiative
Quantity: 2 oz or less
Penalty: “The Lockhart Police Department shall not make any arrest or issue any citation for Class A or Class B misdemeanor marijuana possession”
(Details)

Nueces County

Population: 362,151

Passed: April 2019
Implemented by District Attorney’s Office
Quantity: 4 ounces
Penalty: Summons and Release
(Details)

Plano County

Population: 288,870

Passed: 2021
Implemented by Sheriff’s Office
Quantity: Up to 2 ounces
Penalty: Summons and Release
(Details)

San Marcos

Population: 68,580

Passed: 2022
Municipal Initiative
Quantity: 2 oz or less
Penalty: Police officers “shall not issue citations or make arrests for Class A or Class B misdemeanor possession of marijuana offenses” absent defendants’ alleged involvement in a “felony level narcotics” case.
(Details)

Travis County

Population: 1.251 M