CENTRAL TEXAS CITY ORDINANCES
The city of San Marcos, along with many other Texas cities with similar ordinances, will now be required to enforce marijuana laws once again. The city of San Marcos’ marijuana ordinance, which limited enforcement of low-level marijuana offenses involving the possession of under four ounces, was supported by 82% of San Marcos voters in 2022. Texas Attorney General Ken Paxton filed a lawsuit against the city of San Marcos, along with the cities of Austin, San Marcos, Killeen, Elgin and Denton to repeal their ordinances.
The lawsuit was adjudicated in the city of San Marcos’ favor in 2024, but Paxton appealed the decision. The 15th Court of Appeals Opinion filed on April 17 states that, according to Texas Constitutional law, “state law preempts contrary city ordinances.” Specifically, article XI 5(a) states “[N] o ... ordinance passed under [a city] charter shall contain any provision inconsistent with the Constitution of the State or of the general laws enacted by the Legislature of this State.” The opinion also states that it does not allow the adoption of “a policy under which the entity will not fully enforce laws relating to drugs.”
