Judge Rejects Lawsuit, Upholds San Marcos Cannabis Law

Texas Judge Dismisses Attorney General’s Lawsuit Against San Marcos Cannabis Decriminalization Ordinance

In a significant legal victory for cannabis reform advocates, Hays County District Judge Sherri Tibbe has dismissed a lawsuit filed by Texas Attorney General Ken Paxton (R) challenging the marijuana decriminalization ordinance in San Marcos. The decision, announced on Tuesday, allows the city to continue implementing the policy that was approved by voters in 2022.

Ground Game Texas Celebrates Legal Victory

Ground Game Texas, the advocacy group behind the San Marcos initiative, welcomed the court’s decision. The group’s executive director, Catina Voellinger, stated, “Judge Tibbe rightly recognized Paxton has no legal basis for interfering with the will of local voters or municipal governments.” The dismissal underscores the growing movement for local cannabis reform in Texas, which Ground Game Texas and partners like Mano Amiga are actively promoting across the state.

Paxton’s Broader Legal Challenge

The lawsuit against San Marcos was part of a broader legal strategy by Attorney General Paxton, who earlier this year challenged similar decriminalization laws in five Texas cities: Austin, San Marcos, Killeen, Elgin, and Denton. Paxton’s lawsuits argued that these local ordinances conflicted with state law. However, his efforts have faced setbacks, including a recent dismissal of a similar suit in Austin.

Impact on Cannabis Enforcement and Public Safety

Since the enactment of the decriminalization ordinance in San Marcos, marijuana possession cases have dropped by 85%, with no reported adverse effects on public safety. This has allowed local police to reallocate resources more efficiently, focusing on higher-priority crimes. The ruling reaffirms the right of municipalities to enact policies reflecting the preferences of their residents, free from state-level intervention.

Broader Implications and Future Prospects

The dismissal in San Marcos is part of a broader trend in Texas, where several cities are pursuing or have enacted similar decriminalization measures. In Elgin, another city targeted by Paxton’s lawsuit, a settlement was reached despite the decriminalization law never being implemented. Meanwhile, new initiatives are gaining traction, with activists in Bastrop and Lockhart gathering sufficient signatures to put marijuana decriminalization measures on upcoming ballots.

Political and Legal Challenges Ahead

Despite these local victories, challenges remain. Governor Greg Abbott (R) has criticized municipal cannabis reforms, arguing that local laws cannot override state statutes. He suggested that such local initiatives could lead to “chaos” and an “unworkable system.” However, Abbott has also indicated that he does not believe people should be jailed for marijuana possession, though he erroneously claimed Texas had already enacted decriminalization policies.

Attorney General Paxton, meanwhile, has taken a more confrontational stance, labeling proponents of local decriminalization as “pro-crime extremists” and pledging to uphold state law against what he terms “anarchy.”

Looking Ahead

The ongoing legal and political battles in Texas reflect the broader national debate over marijuana legalization and state versus local governance. As more cities in Texas consider cannabis decriminalization measures, the outcomes of these legal challenges could set significant precedents for the future of drug policy in the state.

Ground Game Texas continues to advocate for broader reform and voter engagement, aiming to expand the movement for cannabis decriminalization and ensure that local policies align with the will of the people.