SAN MARCOS, Texas — The city of San Marcos can’t enforce a voter-approved marijuana decriminalization ordinance after a new ruling from a state appeals court.
Eighty-one percent of San Marcos voters approved the ballot measure to decriminalize low-level marijuana offenses in 2022. Texas Attorney General Ken Paxton then sued San Marcos and other cities, saying their decriminalization measures go against state law.
Last summer, the lawsuit against San Marcos was dismissed, but the state appealed. This week, appeals court justices sided with the state, reviving the lawsuit and barring San Marcos from enforcing the ordinance, at least for now.
Advocacy group Ground Game Texas helped lead the charge to get the decriminalization measure on the San Marcos ballot in 2022 and has led similar efforts in other Texas cities. In a response to the appeals court ruling, Ground Game sent KVUE a statement saying the ruling goes against the will of the voters and “This ruling is proof that the state isn’t working to make communities safer – it’s working to crush people-powered movements. This playbook is as old as Jim Crow. Democracy requires action and vigilance against oppression, and we will continue to fight this.”
Meanwhile, the city of San Marcos sent the following statement:
“The City of San Marcos is reviewing the opinion issued by the Fifteenth Court of Appeals, which remanded the case back to the trial court to enter a temporary injunction against enforcement of the ordinance. The City cannot enforce the ordinance pending a trial on the merits. The San Marcos City Council is expected to meet in an upcoming executive session to receive legal advice and provide direction for moving forward. We have no additional information to provide at this time.”
The latest on proposed THC legislation in the Texas Legislature
The ruling in San Marcos comes as state lawmakers consider a ban on consumable hemp products that contain THC, the chemical in marijuana that can get someone high.
Senate Bill 3, a priority of Lt. Gov. Dan Patrick, aims to crack down on things like THC-infused drinks and edibles. It would, however, still let adults buy CBD and CBG products and it would not impact the state’s medical cannabis program.
During the most recent discussion of the bill in the House Committee on State Affairs, supporters said SB 3 will help stop the proliferation of strong and unregulated forms of THC.
“Senate Bill 3 places lives and the welfare of Texas families ahead of ill-gotten state revenue. Senate Bill 3 will keep Texans safe and healthy,” said Jesee LeBlanc with the group Every Brain Matters.
Meanwhile, opponents of SB 3 said the ban could affect products that many people use to deal with things like post-traumatic stress disorder and chronic pain.
“SB 3 will push veterans like me back to opioids, back to addiction, and for some, back to the brink,” said Dave Walden with the Texas VFW.
SB 3 was left pending in the House Committee on State Affairs, so lawmakers will have to bring it back up before passing it onto the full House.
The Texas Tribune recently spoke with Texas hemp farmers, who said a THC ban would put them out of business because even though their products don’t have cannabinoids that get people high, there’s no way they can grow hemp without traces of THC.
