Texas: Judge Rejects AG’s Effort To Nullify Austin’s Voter-Approved Marijuana Depenalization Ordinance

Austin, TX: A Travis County district judge has dismissed a lawsuit filed by the state’s Attorney General that sought to overturn the city’s voter-approved marijuana depenalization ordinance. 

Austin is one of several Texas cities that has approved a municipal initiative prohibiting local law enforcement from making low-level marijuana-related arrests. Voters in Denton, Elgin, Harker Heights, Killeen, and San Marcos have approved similar measures.

In February, AG Ken Paxton filed suit against the cities of Austin, San Marcos, Killeen, Elgin, and Denton, stating, “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.” Paxton’s office has announced they will appeal the district court’s decision.

The activist group Ground Game Texas seeks to place similar initiatives on the ballot in Dallas and Lockhart this November.

State law defines marijuana possession as a criminal misdemeanor, punishable by up to 180 days in jail, a $2,000 fine, and a criminal record. According to data compiled by Texas NORML, police made an estimated 219,000 marijuana-related arrests between 2017 and 2021. Ninety-seven percent of those arrested were charged with possession only. Fifty-six percent of those arrested were under 25 years of age.

Additional information is available from Ground Game Texas.