A Travis County judge dismissed Attorney General Ken Paxton’s lawsuit on Wednesday that challenged an ordinance decriminalizing the possession of small amounts of marijuana in Austin and other Texas cities.
Austin voters approved the city’s ordinance in May 2022, which prohibited law enforcement from prosecuting people for possessing four ounces or less of cannabis. Paxton filed the lawsuit against the ordinance in January, stating it violated the Texas Local Government Code, including Chapter 481, which makes marijuana possession “an offense,” according to the lawsuit.
According to an unsigned email statement first published by the Austin-American Statesman, the city of Austin said low-level marijuana possession should not be at the top of law enforcement’s priorities.
“The ordinance challenged by the now-dismissed lawsuit reflects the will of the voters, who sent a clear message that law enforcement should prioritize resources to focus on critical public safety issues, rather than low-level marijuana possession,” the statement said. “At its core, the ordinance does exactly that, without removing reasonable discretion from police officers to enforce the law.”