Austin's marijuana decriminalization ordinance overturned by appeals court

AUSTIN, Texas - A Texas appeals court has temporarily struck down an ordinance to eliminate penalties for low-level marijuana possession in the city of Austin.

This is the second voter-approved marijuana decriminalization ordinance in Central Texas reversed within a week.

Marijuana decriminalization

The backstory:

Attorney General Ken Paxton sued San Marcos, Austin, Killeen, Elgin and Denton last year over the ordinances.

A Hays County district judge dismissed Paxton’s lawsuit due to a lack of jurisdiction.

Last week, the Texas appellate court sided with the state, ruling that San Marcos' marijuana decriminalization ordinance was unenforceable and issued a temporary injunction.

On Thursday, the city of Austin received the same ruling.

What they're saying:

"This is not a ruling that was remotely unexpected. The ordinances are so similar. The court heard the arguments on the same day. So, it's not remotely surprising that the same decision would be issued for Austin," said Ground Game Texas spokesperson Amy Kamp.

"It's frustrating. 86% of Austin voters voted for this ordinance. And so, for this court that was handpicked by Abbott to overrule the will of the voters in Austin and San Marcos is very frustrating and disappointing," says Kamp.

The ordinance was placed on the ballot in May 2022, prohibiting Austin police officers from issuing citations or making arrests for class A or B misdemeanor possession of marijuana offenses.

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Appeals court overturns San Marcos' marijuana decriminalization ordinance

The Fifteenth Court of Appeals ruled that a 2022 ordinance violated state laws prohibiting local governments from adopting policies that will not fully enforce state drug laws.

It was approved by voters and city council.

"You know when we want to work with the communities, with the city councils, and see how we can have this type of policy, but within what this court has defined as the limitations of state law," says Kamp.

Amy Kamp with Ground Game Texas says the organization worked on the ordinance for months before it was placed on the ballot.

"It's complicated, right? Because you have to craft language for the ballot that you believe is legal within state law. You have to make sure that you're getting valid signatures. Our organizers, our field organizers, our field staff, yeah, they worked tremendously hard to get this on the ballot," says Kamp.