Travis County Judge Dismisses Paxton’s Lawsuit Over Austin Ordinance Decriminalizing Pot

In a significant legal victory for the city of Austin, a Travis County judge has dismissed a lawsuit filed against the capital city over its voter-approved ordinance decriminalizing possession of small amounts of marijuana.

The move, which took effect in May 2022, was met with opposition from Texas Attorney General Ken Paxton, who lodged the lawsuit in January, alleging that Austin was violating state law and contributing to the “promotion of illicit drugs that harm our communities.”

Judge Sides with the City

However, in a ruling handed down on Tuesday, Judge Jan Soifer sided with the city’s defense. The city’s legal team argued that there was no evidence that the ordinance was harmful to the public and it did not violate state law.

According to court documents, the city’s lawyers reiterated that the ordinance does not direct police officers to cease enforcing drug laws. Instead, it merely puts an end to arrests and citations relating to a specific charge while still giving priority to violent felonies and serious narcotics cases. It also permits the enforcement of laws relating to marijuana seizure.

A Shift in Policing Priorities

Austin’s new ordinance allows the possession of 4 ounces or less of marijuana. Even prior to this ordinance, police had already stopped arresting people for low-level possession, partly because of the challenges in distinguishing marijuana from hemp, which was legalized in 2019.

Testimony from Austin Police Department employees and other city officials painted a clear picture of the need for police resources to be better invested in the investigation of violent crimes and more severe drug offenses, such as fentanyl trafficking. This is particularly necessary as Austin grapples with staffing shortfalls.

City officials echoed these sentiments in a written statement on Wednesday, pointing out that voters expressed their desire for law enforcement to concentrate resources on urgent public safety issues rather than low-level marijuana possession.

Reaction and Further Implications

Responding to the judgment, Mike Siegel, political director for Ground Game Texas, a nonprofit pushing for pot decriminalization in Texas, expressed hope that the ruling would send a strong message.

Highlighting multiple benefits that marijuana reform can bring, he noted the potential to address historic racism in policing, particularly in marijuana enforcement. By preventing the disproportionate enforcement against communities of color, significant progress can be made. Furthermore, it allows cities to shift local funds toward higher priority needs.

However, the final chapter may not have been written in this legal battle, as Paxton is likely to appeal the ruling.