Texas Attorney General Ken Paxton initiated the lawsuit in January, asserting that Austin's ordinance violated state law and encouraged the use of illicit drugs, which he claimed were detrimental to communities. Paxton had filed similar lawsuits against the cities of San Marcos, Killeen, Denton, and Elgin, which have also enacted measures to decriminalize marijuana.
In May 2022, Austin voters passed a proposition allowing the possession of up to 4 ounces of marijuana. The local police had already stopped arresting individuals for low-level marijuana possession, partly because distinguishing marijuana from hemp, which was legalized in 2019, proved challenging.
A comparable decriminalization effort is currently progressing in Dallas, driven by Ground Game Texas, a nonprofit organization that advocates for voter engagement. Amy Kamp, a spokesperson for Ground Game Texas, hailed the judge's decision as a pivotal precedent for other pending cases.
"This is an exciting and important victory for marijuana reform policy in Austin," Kamp stated. "We are grateful the city argued the case so well and grateful the judge saw this lawsuit doesn't have merit."
This ruling marks a significant moment in the ongoing debate over marijuana decriminalization in Texas, potentially influencing future legal challenges and legislative efforts across the state.
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