The Office of the Attorney General of Texas (OAG) issued lawsuits to five Texas cities, including San Marcos, on Jan. 31 after they decriminalized low-level possession of marijuana.

The lawsuits allege the cities violated their charters, which are essentially city level constitutions, by passing ordinances which violated state and federal law. The lawsuits not only named the five cities of Austin, San Marcos, Denton, Killeen and Elgin, but also city officials, such as city councilmembers.

“The five municipalities adopted ordinances or policies instructing police not to enforce Texas drug laws concerning possession and distribution of marijuana, an illicit substance psychologists have increasingly linked to psychosis and other negative consequences,” the press release from OAG said.

Ballot measure Proposition A implemented the decriminalization of low-level possession of marijuana in San Marcos. It passed in November 2022 with nearly 82% of the vote

Sam Benavides, the communications director with Mano Amiga, a political advocacy group that pushed for Proposition A, called for Paxton to end the lawsuits and said he was “undemocratically defying the will of Texas voters.”

“As our state government continues to oppress us and undo the forward momentum of progress, which has resulted in an 85% decrease in needless marijuana criminalization in San Marcos, Mano Amiga remains resolute in our commitment to justice, compassion and positive change,” Eric Martinez, the executive director for Mano Amiga, said.

In the OAG press release, Ken Paxton, the attorney general of Texas, disagreed with the cities and city officials who allowed the decriminalization efforts to pass.

“I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities,” Paxton said in the statement.

The city of San Marcos has not released a response at this time.

The University Star will update as more information becomes available.