(Texas) State appeals court strikes down Austin's marijuana decriminalization ordinance

Source: The Texas Tribune via AP

State appeals court strikes down Austin’s marijuana decriminalization ordinance

By STEPHEN SIMPSON/The Texas Tribune
Updated 3:21 PM EDT, April 25, 2025

A Texas appeals court ruled Thursday that the city of Austin cannot enforce its law that prohibits police from citing and arresting people for carrying a small amount of marijuana. This is the second time this month that the appeals court has ruled in favor of the state against ordinances that decriminalize marijuana.

The state’s 15th Court of Appeals overturned the decision by Travis County District Judge Jan Soifer, who had dismissed Texas Attorney General Ken Paxton’s lawsuit against Austin last year, ruling that there was no legal justification to try the case. The court determined the city law “abused its discretion” by putting up any barrier to the full enforcement of drug-related laws.

Last week, this same court overturned a lower court ruling that denied a temporary injunction to prevent the city of San Marcos from enforcing its voter-approved ordinance to decriminalize marijuana because it conflicts with current state law.

“Consistent with the City of San Marcos, we conclude that the ordinance in this case is also preempted by state law,” according to the ruling about Austin’s ordinance penned by Judge Scott Field.

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Read more: https://apnews.com/us-news/ken-paxton-texas-austin-jan-soifer-marijuana-6085fd3fa91e7cffaca32a7f45d99333