Texas Court Blocks Austin’s Decriminalization of Small Amounts of Marijuana
A Texas appeals court has struck down an Austin law that prohibited police from citing and arresting individuals for possessing small amounts of marijuana. The decision comes after the Texas Attorney General, Ken Paxton, sued the city, arguing that the ordinance violated state law.
The ordinance, which was approved by Austin voters in 2022, had effectively decriminalized small amounts of marijuana in the city. However, the court’s ruling means that people could now be cited or arrested for marijuana possession in Austin.
The city of Austin is reviewing the ruling and evaluating its next steps. Austin Mayor Pro Tem Vanessa Fuentes expressed disappointment with the decision, stating that it would divert police resources away from violent crimes and towards minor marijuana cases.
The journey to decriminalization in Austin began in 2019 when Texas legalized hemp, a plant that is closely related to marijuana. The law forced local authorities to decide whether to invest in testing equipment to determine whether seized substances were legal (hemp) or illegal (marijuana). Austin officials chose not to invest in testing, and prosecutors in Travis County had already stopped pursuing these cases.
The 15th Court of Appeals, a court created in 2023 to oversee appeals involving the state, issued the ruling. The three justices on the court are conservatives who were appointed by Governor Greg Abbott.
Similar ordinances are in effect in Elgin, Denton, and Killeen, but the court’s decision has implications for these cities as well. Ground Game Texas, an organization that helped get marijuana decriminalization on the ballot in Austin and other cities, has vowed to continue fighting for the rights of residents.
The organization’s executive director, Catina Voellinger, stated that the court’s decision does not change the fact that the people of Austin and other cities have spoken out in favor of decriminalization. Voellinger emphasized that the organization remains committed to the fight for marijuana reform.
