The judge denied the Texas AG’s injunction against an Austin marijuana ordinance, allowing the ordinance to stand. The legal battle is far from over, with potential statewide implications.
JJudge Denies Texas AG’s Injunction, Allowing Austin’s Marijuana Ordinance to Stand
A significant legal battle over the enforcement of marijuana laws in Austin reached a pivotal moment on June 10, 2024, as the 419th District Court in Travis County held a hearing. The case, filed by the Texas Attorney General’s Office, aimed to challenge the legality of a City of Austin ordinance that limits the enforcement of marijuana laws by the Austin Police Department.
The lawsuit, originally filed in early 2024, contested the city’s ordinance which, according to the Attorney General, contradicts state law by restricting police officers from fully enforcing marijuana possession laws. The State argued that the ordinance and corresponding police orders violate Section 370.003 of the Texas Local Government Code, which mandates that municipal police departments cannot adopt policies that prevent full enforcement of drug laws.
However, the hearing concluded unfavorably for the Attorney General’s Office. Presiding Judge Jan Soifer denied the request for a temporary injunction sought by the State, which aimed to halt the implementation of the ordinance while the case proceeded. Instead, the court granted the City of Austin’s plea to jurisdiction, effectively dismissing the State’s challenge on procedural grounds.
The court’s decision to deny the temporary injunction means that the City of Austin’s ordinance will remain in effect for the foreseeable future. This ordinance stipulates that Austin Police officers shall not issue citations or make arrests for misdemeanor possession of marijuana, except in cases involving high-priority felony-level narcotics investigations or violent felonies.
In response to the court’s ruling, the Attorney General’s Office promptly filed an intent to appeal, signaling that the legal battle is far from over. Special Counsel Heather Dyer, who has been actively involved in the case, emphasized the State’s position that local ordinances must comply with state law, which unequivocally mandates the enforcement of drug laws.
As the case moves to the appellate court, it remains a focal point in the broader debate over local versus state control of drug enforcement policies. The outcome of this legal contest could have significant implications not only for Austin but also for other Texas cities with similar ordinances.
For now, Austin’s progressive stance on marijuana enforcement continues to stand, reflecting a growing trend of local governments pushing back against strict state-level drug policies.
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