Blog

Texas Legislature and courts are threatening local decrim ordinances

Apr 29, 2025

decriminalization, local ordinances, Texas


Texas Legislature and courts are threatening local decrim ordinances

In recent weeks, both the Texas Legislature and appellate courts have been imperiling the will of voters who enacted local cannabis decriminalization ordinances. 
 
The Texas Senate has already passed legislation (SB1870) that prohibits local ordinances that run counter to state drug laws. Cities, counties, local law enforcement, and prosecutors that pursue decriminalization would face steep civil financial penalties. A House version of the bill, HB5082, has been heard in committee. Because the bills are companion bills, if the House passes HB 5082 without changes, they would go to Gov. Greg Abbott’s desk (unlike the normal legislative process that would go from one chamber to another and then proceed to the governor). 
 
If you live in Texas, let your state rep know you oppose this attack on Home Rule!
 
Meanwhile, cannabis decriminalization ordinances have also been facing threats in court. An appellate court ruled against San Marcos implementing its decriminalization ordinance, which was approved by 82% of voters. Then, another appellate court ruled against Austin's decriminalization law, which was approved by 86% of voters and has been in effect for over three years. Both of those rulings came from challenges put forth by state Attorney General Ken Paxton (R), who argues state statutes and Constitutional provisions prevent localities from enacting laws that conflict with statewide policy.