SAN MARCOS, Texas — A state appeals court has shot down a voter-approved ordinance that decriminalized marijuana in San Marcos.

What You Need To Know

  • A state appeals court overturned a voter-approved San Marcos ordinance that decriminalized marijuana

  • Judge April Farris said state law makes marijuana possession a criminal offense

  • The ordinance made it so the San Marcos Police Department couldn't arrest or cite people for misdemeanor possession of marijuana up to four ounces

  • Attorney General Ken Paxton sued San Marcos in early 2024 over the ordinance, arguing that it violated state law, which has penalties for marijuana or paraphernalia possession

The Fifteenth Court of Appeals last week overturned a ruling that denied a temporary injunction to block the law’s enforcement in the city, according to a report from the Texas Tribune.

In the ruling, Judge April Farris cited that state law makes marijuana possession a criminal offense.

Over 80% of San Marcos voters approved the ordinance, Proposition A, in 2022.

After Proposition A was passed, the San Marcos Police Department was no longer able to:

  • Issue citations for possession of drug residue or paraphernalia
  • Arrest or cite people for misdemeanor possession of marijuana up to four ounces, unless it’s part of a felony investigation
  • Use city funds or personnel to test a substance's THC levels
  • Cite the odor of marijuana or hemp as probable cause to search

The ordinance only applied to the San Marcos Police Department; other law enforcement agencies in the area were exempt.

Attorney General Ken Paxton sued San Marcos in early 2024 over the marijuana decriminalization ordinance — along with four other Texas cities that had similar ordinances or policies, including Austin, Killeen, Denton and Elgin.

Paxton’s lawsuits set off the legal battle that sent the San Marcos case to the appeals court. The attorney general argued that the local ordinances violated state law, which has penalties for marijuana or paraphernalia possession.