https://www.chron.com/news/article/austin-texas-marijuana-law-20293124.php

Texas court overturns Austin’s marijuana decriminalization ordinance

Voters overwhelmingly approved the ordinance in 2022.

By Brammhi Balarajan, 

Trending News Reporter

April 25, 2025

A court decision has struck down a city of Austin ordinance that decriminalized small amounts of marijuana. 

The 15th Court of Appeals found that the ordinance is preempted by state law and therefore cannot be enforced

The ruling follows a lawsuit filed by Attorney General Ken Paxton against Austin, along with four other cities, in 2024, arguing that local policies decriminalizing marijuana violated state law. 

Under this ordinance, police officers could not make arrests or issue citations for small amounts of marijuana, except in limited circumstances. At the time the ordinance was passed in 2022, Austin residents overwhelmingly voted in favor, with 85 percent voting in favor. 

At the time of the ordinance, the city of Austin cited limited resources as its reason for adopting the ordinance. Since marijuana and hemp cannot be differentiated by sight and smell, officials said at the time that it would take significant city resources to test for THC concentration, which would be better allocated toward other issues. 

The city of Austin is currently evaluating how to proceed following the court ruling. 

“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,” a spokesperson for the city told Chron. 

A similar ordinance in San Marcos that decriminalized marijuana was also reversed last week. 

Meanwhile, Lt. Gov. Dan Patrick is continuing with his push to ban all products with any amounts of THC – an effort he says is one of his “top five” bills in his time in the Texas legislature. The bill SB 3 has passed through the Senate, and is awaiting judgment in the House.