Marijuana Decriminalization: Texas Attorney General Takes Legal Action in 5 of Its Cities

Paresh Jadhav

11 months ago

After successfully organizing to place local reform measures on the ballot in Denton, Austin, San Marcos and Killeen, voters now face legal action from state officials. Texas Attorney General Ken Paxton has filed suit against these cities for adopting policies which forbid law enforcement officers from ticketing or arresting individuals for low-level marijuana offenses.

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Austin

Texas marijuana possession charges range from misdemeanors to state jail felonies depending on its quantity, while in Austin police don’t cite or arrest those possessing amounts that fall within Austin’s decriminalization policy defined as 25 grams or less of marijuana.

Ground Game Texas was responsible for spearheading this law in San Marcos, Killeen, Elgin and Denton during elections held in 2022. Voters in those cities overwhelmingly approved ballot initiatives instructing police departments not to prosecute people possessing small quantities of marijuana.

Ken Paxton of Texas Attorney General has taken legal action against Austin, San Marcos, Killeen Elgin and Denton over their drug enforcement laws and policies, alleging they violate state law by ordering police not to enforce drug enforcement rules and are forbidden by local government code from adopting policies which instruct police not to enforce state laws. These cities have not responded publicly against Paxton’s allegations.

San Marcos

Ground Game Texas worked to get similar measures approved in San Marcos, Killeen, Denton and Elgin after Austin voters passed a ballot proposition decriminalizing marijuana possession. Their efforts paid off when these cities voted unanimously against arresting or fining people for possessing small amounts of pot in 2022.

Hays County District Attorney Wes Mau recently requested legal guidance from Paxton’s office on decisions by cities regarding marijuana. Many cities’ ordinances prevent police from arresting or citing those caught with four ounces or related paraphernalia of cannabis, although exceptions can still be made in high-priority narcotics cases or when people are being investigated as part of violent felonies.

Although cities’ ordinances may prevent police officers from enforcing marijuana possession offenses, they do not shield people from state criminal charges. Paxton’s lawsuit alleges it is unlawful for municipalities to adopt ordinances which conflict with Texas Legislative laws enacted through legislation; as a result of his lawsuit he wants the court to declare these cities’ ordinances invalid and require them to enforce state drug laws instead.

Killeen

Attorney General Ken Paxton announced Friday in Killeen that he has initiated litigation against five cities for adopting policies limiting enforcement of marijuana possession laws. Paxton specifically names Austin, San Marcos, Killeen, Elgin and Denton for creating “amnesty and non-prosecution policies” that violate state laws.

Killeen is located in Bell County and home to Fort Hood soldiers as well as Central Texas College. Killeen is famous for its heritage festivals from all around the globe, restaurants, and downtown shopping district.

Killeen utilizes a council-manager form of government with an at-large mayor elected at-large and seven city council members who set policy. Councilmembers are elected from individual districts and serve two-year terms. Killeen voters approved Proposition A in November 2022 to end arrests and citations for possessing less than four ounces of marijuana; however, later on the city council put this measure on hold.

Elgin

Texas Attorney General Ken Paxton’s lawsuit targets cities where voters approved ballot measures decriminalizing marijuana possession. According to a statement issued by Paxton, city ordinances in Austin, San Marcos, Killeen and Elgin which prohibit police from arresting or issuing citations for Class A or B misdemeanor marijuana possession offenses violate state law.

Local laws passed in 2022 with strong voter support prevent police from arresting or citing people for possessing small quantities of cannabis and related paraphernalia unless associated with high priority investigations of other narcotics or violent crimes. Progressive groups like Ground Game Texas worked tirelessly to place these proposals on local ballots across Texas.

Mike Siegel, political director for the group’s anti-marijuana initiative, believes the success of ballot initiatives in cities like Austin, San Marcos, Denton, Harker Heights and Elgin proves the movement can succeed on a local level. He hopes it will encourage other groups to collaborate with local organizers and push progressive issues such as abortion decriminalization or no knock warrants onto ballots in their area.