Three other cities have passed similar measures but the Texas AG and others question whether they can be enforced because of conflicts with state law.
Discover incredible Insider Deals that will make your life a little bit easierA sign asking for the decriminalization of marijuana is posted outside of an event hosted by Ground Game in Harker Heights, Texas on Dec. 3, 2022.In 2022, nearly 82% of San Marcos voters chose to decriminalize marijuana under Proposition A.
This ordinance applies to only the San Marcos Police Department and doesn’t affect Texas State University, the Hays County Sheriff’s Office, or other law enforcement agencies in the area.San Marcos, along with Austin, Killeen, Elgin, and Denton, earlier this year for adopting ordinances or policies instructing law enforcement, argued these local ordinances or policies violated state law that requires the enforcement of drug-related matters, like possession of marijuana or paraphernalia.
Ground Game Texas — the progressive group that first launched the proposition in Austin and worked with local organizations in the other four cities — expects Paxton to appeal the decisions to dismiss the lawsuits at some point.Elgin city manager Tom Mattis said the decision to accept the consent decree will not change anything because at no time did the Elgin Police Department implement or enforce the ordinance due to conflicting state law.
“It reaffirms our commitment to ensuring that our city officials can follow the will of the voters and perform their duties without the shadow of unfounded legal challenges,” she said.
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