Texas Court Blocks San Marcos Marijuana Decriminalization Ordinance

The fight over local cannabis reform in Texas just took a major turn. A state appeals court has ruled against the San Marcos marijuana decriminalization ordinance passed by voters in 2022, siding with Attorney General Ken Paxton. The decision blocks the city from enforcing its cannabis policy and raises new questions about how much power Texas communities really have when it comes to drug reform.

Key Takeaways

• A Texas court blocked San Marcos’ ordinance to decriminalize marijuana.
• The measure passed in 2022 with over 80% voter approval.
• The state argues the ordinance conflicts with existing drug laws.
• Attorney General Ken Paxton’s lawsuit against the city has now been reinstated.
• Advocates say the move undermines local democracy and voter intent.

What Proposition A Aimed to Do For San Marcos Marijuana Decriminalization

Passed in November 2022 by 82% of San Marcos voters, Proposition A sought to prevent arrests and citations for small amounts of marijuana. It also banned THC testing in most cases and restricted police from using cannabis odor as probable cause. Importantly, it only applied to local police—not state or federal law enforcement.

It was a clear message from voters: stop using limited city resources to enforce low-level cannabis laws. And for a while, that’s exactly what the city planned to do.

Why the State Fought Back

Attorney General Ken Paxton quickly filed suit, claiming the ordinance violated state laws that prohibit local governments from adopting policies that discourage enforcement of drug offenses. While a lower court initially dismissed the case, Paxton appealed.

In its ruling, the Texas 15th Court of Appeals sided with the state, issuing a temporary injunction and reviving the lawsuit. The judges said the measure conflicted with state law and must be reconsidered by the lower court.

This is the second time this year that Texas has used state power to strike down local cannabis policies.

How Advocates Are Responding

Groups like Ground Game Texas and Mano Amiga, which championed the ordinance, are frustrated but not backing down. They say the court’s decision disregards the will of the people.

Catina Voellinger, Executive Director of Ground Game Texas, put it plainly:

“Texans are tired of scarce resources being devoted to marijuana criminalization instead of needed public services.”

Advocates argue that the fight is bigger than just one city—it’s about giving local communities the power to decide how they want to handle cannabis.

Conclusion

With the court’s ruling in place, San Marcos can’t enforce its marijuana decriminalization ordinance—for now. But the larger issue remains: how much control should cities have in shaping cannabis policy? As the lawsuit returns to trial court, San Marcos joins a growing list of Texas cities caught between voter demand and state resistance.