A Hays County judge dismissed a lawsuit filed against the City of San Marcos in response to a proposition decriminalizing low-level marijuana possession.
Judge Sherri Tibbe dropped Texas Attorney General Ken Paxton’s suit against San Marcos on Monday. Paxton has already filed a motion to appeal the dismissal, according to the city.
Paxton filed the lawsuit against five Texas cities — Killeen, Denton, Elgin, Austin and San Marcos — back in January. In a press release, Paxton said he will "not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities."
A Travis County judge dismissed the suit against the City of Austin in June.
How San Marcos currently handles marijuana
A proposition decriminalizing possession of up to four ounces of marijuana passed in November 2022 with 82% of the vote in San Marcos. Mano Amiga and Ground Game Texas, two social justice groups, collected signatures from the community to get the proposition on the ballot.
“Our canvassers … were out there tirelessly having conversations with neighbors door by door, talking about the importance of cannabis decriminalization, of the community having a say in not only how we are policed, but how our scarce public resources are used,” said Eric Martinez, executive director of Mano Amiga.
When Prop A passed, San Marcos police stopped arresting and citing people found with small amounts of marijuana except in limited circumstances. But the department didn't adopt a formal policy reflecting that, citing a Texas code that prohibits cities from implementing policies that prevent full enforcement of drug laws.
Texas State University police can still issue arrests and citations for any amount of marijuana in one’s possession, according to the university's police department. That's because the university can set its own rules separate from the city’s ordinances.
Looking to the future
Ground Game Texas and Mano Amiga have partnered again on similar marijuana decriminalization efforts in Dallas, McAllen, Lockhart and Bastrop.
“[The lawsuit dismissal], along with the recent verification of our petition in Dallas, is a welcome reminder that this is a winning movement, and one we look forward to continuing to build across the state this November,” Catina Voellinger, executive director of Ground Game Texas, said in a press release.
Martinez said ballot measures like Prop A are a step in the right direction.
"We'll continue to work with the network of other organizations who are fighting Paxton's unfounded lawsuits across the state," Martinez said. "The legal argument remains the same. It remains sound."
