A Hays County district judge has dismissed the State of Texas v The City of San Marcos marijuana decriminalization lawsuit.
The lawsuit was originally filed by the Texas Attorney General’s (AG) office on Jan. 31. The AG’s office believed cities could decriminalize marijuana without violating state law.
Judge Sherri Tibbe, the 453rd judicial district judge for Texas, ruled the state of Texas did not have jurisdiction to sue, due to marijuana decriminalization being voted on by the public, so the case was dismissed. The ruling came nearly a month after hearing arguments for and against the dismissal.
The ruling means the San Marcos Police Department will continue its policy of not making arrests for possessing four ounces or less of marijuana unless another crime is being committed.
Mano Amiga and Ground Game Texas, two organizations behind the marijuana decriminalization petition in San Marcos, filed briefs in favor of dismissal.
“Following the implementation of Proposition A, misdemeanor marijuana arrests dropped by 85% one year after the voter-approved ordinance. No adverse public safety impacts were reported following the implementation of this policy,” Ground Game Texas said in a release emailed to The Star.
Mano Amiga said the ruling was a win for local democracy.
“This dismissal is not just a win for the city of San Marcos but also for all communities striving to uphold justice and local governance free from unwarranted state interference,” Mano Amiga’s Executive Director Eric Martinez said in a press release emailed to The Star.
Ground Game Texas said the ruling was in line with the dismissal of a similar case The State of Texas v The City of Austin, which was dismissed on June 12.
“Judge Tibbe rightly recognized Paxton has no legal basis for interfering with the will of local voters or municipal governments. Today’s decision is a welcome reminder that this is a winning movement, and one we look forward to continuing to build across the state with the collaboration of local partners like Mano Amiga,” Catine Voellinger, the executive director of Ground Game Texas said in their release.
The Texas Attorney General’s office and Texas Attorney General Ken Paxton are likely to appeal the dismissal.
