Texas Judge Dismisses Lawsuit Against Local Cannabis Reforms

LOS ANGELES- A Texas judge has dismissed a lawsuit by Attorney General Ken Paxton that sought to nullify voter-approved local cannabis decriminalization ordinances in Austin, Denton, Elgin, Killeen, and San Marcos.

Last week, a Texas district court judge dismissed a lawsuit brought by state Attorney General Ken Paxton, which aimed to overturn cannabis decriminalization ordinances approved by voters in five cities, according to the Austin American-Statesman. Judge Jan Soifer dismissed the case with prejudice, meaning it cannot be refiled, indicating there was no basis to proceed with a trial.

“Having considered the pleadings, responses, as well as the arguments of legal counsel and applicable law, the Court is of the opinion that the Defendants’ plea to dismiss the case,” Soifer stated in her ruling.

The lawsuit challenged the legality of cannabis possession reforms in Austin, Denton, Elgin, Killeen, and San Marcos. In response to the dismissal, the city of Austin released an unsigned statement indicating that the ruling allows law enforcement to prioritize resources on critical public safety issues rather than low-level cannabis possession cases. The statement emphasized that the ordinance does not remove police officers’ reasonable discretion to enforce the law.

Amy Kamp, spokeswoman for Ground Game Texas, which spearheaded the ballot initiatives, expressed confidence that the state would appeal the decision. However, she noted that the policy would remain in effect during any potential appellate process.

“For now, we’re thrilled that the policy remains in force and will remain in force throughout any potential appellate process,” Kamp told the American-Statesman. “In the meantime, we’ll be continuing to support the other cities who are defending suits by Paxton and building our movement across Texas.”