Paxton filed the same lawsuit against Austin, Killeen, Elgin and Denton, according to a Jan. 31 news release from his office.
The San Marcos ruling comes just after a Travis County judge dismissed Paxton’s lawsuit against Austin in June. However, Paxton appealed the ruling shortly after.
The background
San Marcos voters approved Proposition A with more than 80% of votes in November 2022, which ended low-level marijuana offense arrests in the city.
According to Page 64 of the lawsuit filed, the attorney general sought out a temporary and permanent injunction on the ordinance and any corresponding San Marcos Police Department general order or directive constituting a policy under which San Marcos will not fully enforce laws relating to drugs, including Chapter 481. Chapter 481 makes possession of marijuana and drug paraphernalia an offense.
Zooming in
Ground Game Texas partnered with local nonprofit Mano Amiga in 2022 to petition for decriminalizing marijuana in San Marcos. The organizations collected over 11,000 signatures leading to the measure passing in November.
The two organizations have partnered once again to put the same measure on the ballot in Lockhart while also leading campaigns in Dallas and McAllen, according to a news release.
A November 2023 report from activist group Ground Game Texas showed an 85% reduction in marijuana possession citations and arrests in San Marcos compared to one year following ordinance approval.
What they’re saying
In a July 23 news release, Catina Voellinger, executive director of Ground Game Texas, said the judge’s decision, along with the recent verification of their petition in Dallas is a “welcome reminder that this is a winning movement.”
Eric Martinez, executive director of Mano Amiga, said the dismissal was not only a win for the city of San Marcos but for all communities “striving to uphold justice and local governance free from unwarranted state interference.”
“It reaffirms our commitment to ensuring that our city officials can follow the will of the voters and perform their duties without the shadow of unfounded legal challenges,” Martinez said in a news release.
