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In a controversial decision with statewide—and even national—implications, a Texas appeals court has sided with the state government to overturn a cannabis decriminalization ordinance passed by voters in San Marcos. The ruling blocks the city from enforcing a 2022 ballot measure that would have ended arrests and citations for low-level marijuana possession, directly challenging the ability of local governments to decide their own cannabis enforcement policies.
San Marcos joined several Texas cities—including Austin, Killeen, Denton, Elgin, and Harker Heights—that passed marijuana reform initiatives through local elections. These measures were part of a coordinated effort by Ground Game Texas, a progressive organization aiming to reduce arrests, protect public resources, and push the state toward broader cannabis legalization. In each of these cities, the initiatives received strong public support, with some passing by more than 70% of the vote.
But despite the local mandate, Texas state officials have fought back. The Texas Attorney General and state prosecutors have argued that municipal cannabis reforms violate the Texas Constitution, which gives the state the sole authority to criminalize and enforce drug laws. The latest ruling by the Third Court of Appeals affirms this argument, stating that city-level ordinances cannot conflict with existing state statutes that classify marijuana as an illegal substance.
This decision has far-reaching consequences. Texas remains one of the strictest states in the country when it comes to cannabis. Possessing just two ounces or less is still a criminal offense punishable by up to 180 days in jail and a $2,000 fine. Even medical marijuana laws in Texas are limited, allowing only low-THC products for a narrow list of qualifying conditions under the state’s Compassionate Use Program. In contrast, 38 states have legalized medical marijuana, and 24 have legalized recreational use.
The crackdown on local reform not only keeps harsh penalties in place—it also prevents cities from using their own discretion to address enforcement priorities, save resources, and reduce the burden on law enforcement. Supporters of decriminalization point out that arresting people for small amounts of cannabis wastes taxpayer dollars, clogs the judicial system, and disproportionately impacts Black and Latino communities.
There’s also a growing mismatch between public opinion and state law. A 2023 University of Texas/Texas Politics Project poll found that 72% of Texans support the legalization of marijuana for either medical or recreational use. That includes a majority of Republicans, showing bipartisan support for reform. But instead of moving forward, the state is doubling down on centralized control—undermining cities and voters in the process.
The legal outcome in San Marcos is discouraging for reformers, but it may also fuel new efforts to change the law at the state level. Some lawmakers in the Texas Legislature have introduced cannabis reform bills in recent sessions, but none have made it out of committee. As frustration builds, advocates are turning their attention to the 2025 legislative session, where the pressure to modernize Texas drug policy will likely intensify.
High Science believes that cannabis reform should be driven by science, compassion, and the voice of the people. Blocking voter-approved laws undermines the democratic process and stalls progress that could benefit public health, social justice, and local economies. It’s time to trust communities to make decisions that reflect their values—and it’s time for Texas to evolve.
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