Another judge rejects Texas AG Ken Paxton's suit to shut down decriminalization policy

The case's dismissal is the second courtroom defeat for Paxton as he's sought to shut down municipal marijuana reform policies.

click to enlarge Cannabis reform advocates collect petition signatures ahead of San Marcos' 2022 vote to decriminalize possession of small amounts of weed. - Courtesy Photo / Mano Amiga
Courtesy Photo / Mano Amiga
Cannabis reform advocates collect petition signatures ahead of San Marcos' 2022 vote to decriminalize possession of small amounts of weed.
Another judge has blocked Texas Attorney General Ken Paxton's attempts to stop municipalities from adopting cannabis decriminalization ordinances.

Hays County District Judge Sherri Tibbe this week dismissed a suit Paxton filed to end San Marcos' decriminalization policy, according to a statement from progressive organizing group Ground Game Texas. Ground Game had worked with criminal-justice reform nonprofit Mano Amiga to get the reform measure on the ballot in San Marcos.

“Judge Tibbe rightly recognized Paxton has no legal basis for interfering with the will of local voters or municipal governments,” Catina Voellinger, Ground Game's executive director, said in statement. "[The ruling] is a welcome reminder that this is a winning movement, and one we look forward to continuing to build across the state with local partners like Mano Amiga."

Roughly 82% of San Marcos voters approved decriminalizing possession of small amounts of pot during a 2022 referendum.

Tibbe's ruling is the second courtroom defeat for Paxton as he's sought to overturn locally enacted marijuana reform policies. A state district judge in Travis County last month rejected a separate suit the Republican attorney general filed to block decriminalization measures adopted in Austin, Denton, Elgin, Killeen and San Marcos.

Separately, Elgin in June settled a suit filed by Paxton's office. That city argued that it never attempted to enforce a decriminalization ordinance approved by voters because it contradicted state law.

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Sanford Nowlin

Sanford Nowlin is editor-in-chief of the San Antonio Current.

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