AUSTIN, Texas — Austin’s marijuana decriminalization policy is set to change after a court decision made this week.
The Fifteenth Court of Appeals “reversed and remanded” Austin’s current marijuana policy, which decriminalizes possession of small amounts of marijuana.
Under the Austin Freedom Act, approved by voters in 2022, Austinites could not be cited or arrested for low-level marijuana offenses. The court’s reversal would end this decriminalization.
In response to the ruling, a city of Austin spokesperson said:
“We have received a decision from the 15th Court of Appeals and thank the Court for its time and consideration. We are reviewing the Court’s ruling as we evaluate our next steps.”
Earlier this week, the Texas Senate advanced a bill that would ban illegal drug decriminalization in cities across the state. Senate Bill 1870 relates “to municipal and county enforcement of drug and consumable hemp product laws; providing civil penalties.” As of Tuesday, April 22, the bill still had one more vote to go in the Senate before it could be sent to the Texas House for consideration.
Several Texas cities, including Austin, have faced lawsuits from Attorney General Ken Paxton in his effort to halt the decriminalization of small levels of marijuana. Paxton initially sued Austin in June 2024, but the suit was soon dismissed by the Travis County District Court.
Last week, San Marcos’ marijuana decriminalization ordinance was reversed by a state court of appeals. Similar to Austin, the city’s original ordinance was approved by voters in 2022 and also faced a lawsuit from Paxton.
Other Texas cities that have decriminalized marijuana include Lockhart, Elgin and Denton.
Ground Game Texas, the group that has led the charge for marijuana decriminalization in several Texas cities, released the following statement on Thursday regarding the court decisions for Austin and San Marcos:
“These decisions don’t change the fact that the people of Austin and San Marcos spoke with one voice. It doesn’t change the fact that for years, the ordinance protected residents from arrest and criminalization over low-level possession. And it definitely doesn’t change our commitment to this fight.
“It changes how we fight—not why we fight. We will continue to work with our partners in San Marcos and Austin to craft policies that respond to this ruling while working to preserve the will of the voters who overwhelmingly turned out for these ordinances.”
At the statewide level, Senate Bill 3 looks to ban THC-infused consumable hemp products, like edibles or beverages. However, medical marijuana policies would not be impacted, nor would the sale of CBD and/or CBG.
