GOP Attorney General Battles Five Texas Cities Over Voter-Approved Marijuana Laws, What's Next For Cannabis Legalization?

Now that Texas Attorney General Ken Paxton has told the world his office is suing five cities  "for adopting amnesty and non-prosecution policies that violate Texas laws," where does the cannabis legalization movement go after the AG accuses these cities of being run by criminal extremists?

What Is He Thinking?

"I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities," Paxton said in a news release wherein he referred to the cities' approval of laws decriminalizing cannabis as an "unconstitutional action" and implored Texans to not allow these towns to "create anarchy by picking and choosing the laws they enforce."

The five offending cities — Austin, Denton, Kellen, San Marcos and Elgin — each had voters approve policies that would end arrests and citations for possession of less than four ounces of marijuana… not exactly the actions of criminal extremists.

Where Does Paxton’s Lawsuit Leave Cannabis Legalization Efforts In Texas?

In a word, illegal. Depending on how much a person possesses and the usual arrest circumstances, the consequences of violating the law vary. The Texas Health and Safety Code has stated that possession of two ounces or less of marijuana is considered a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.

In 2022, Texas police made just under 25,000 marijuana-related arrests, according to the FBI's Crime Data Explorer. Over 98% of those arrests were for possession of small amounts of marijuana. Again, not exactly the hardened crime to which AG Paxton refers.

And Yet They Persist

Meanwhile, Lubbock, West Texas' largest city with 264,000 residents, will vote in the coming months to decriminalize local low-level marijuana offenses, making it the seventh Texas city to take the plunge.

Although Lubbock's Mayor Tray Payne (R) applauded the group's efforts, he noted that the proposal contradicts state law and was "void and unenforceable."

Legal Weed In 2024 Not Likely But Hemp Is A Different Story

Gov. Greg Abbott, who is not a fan of legal cannabis, signed a House Bill in 2019 legalizing the production, manufacture and sale of industrial hemp crops and products in Texas. This also includes products for consumable hemp products that contain cannabidiol (CBD), as well as other edible parts of the hemp plant.

Photo: El Planteo