Texas’s highest court just slammed the door on a heated fight over local marijuana laws, leaving San Marcos voters stunned. The Supreme Court refused to hear an appeal challenging the state’s block of a voter-approved decriminalization measure. What does this mean for pot reform in the Lone Star State? Stick around to find out the full story.
Court’s Shocking Refusal Sparks Outrage
The Texas Supreme Court made waves on Friday by declining to take up an appeal in a key marijuana case. This move upholds a lower appeals court’s ruling that stopped San Marcos from enforcing its local decriminalization law. The decision effectively tells voters their choice doesn’t count when it clashes with state rules.
City officials and activists had hoped the high court would step in. Instead, the justices sidestepped the issue entirely. This came five months after the Fifteenth Court of Appeals overturned a trial court’s denial of a temporary injunction against the city.
The case centers on a 2022 ballot measure where San Marcos residents voted overwhelmingly to decriminalize small amounts of marijuana. But state leaders, including Attorney General Ken Paxton, argued it violated Texas law.
Activists point out this isn’t just about weed. It’s a bigger battle over local control versus state power.
Voters’ Will Overturned: The Backstory
San Marcos voters spoke loud and clear in November 2022. A whopping 81% approved Proposition A, which aimed to stop arrests and citations for possessing under four ounces of marijuana. The measure also barred using city funds for THC testing in most cases.
Ground Game Texas, a progressive group, led the charge. They gathered signatures and pushed similar initiatives in other cities like Denton and Killeen.
But trouble brewed fast. Paxton sued San Marcos, claiming the ordinance broke state drug laws. A trial court first sided with the city, but the appeals court reversed that in April 2025. Judges ruled the local law conflicted with Texas’s uniform drug enforcement standards.
This isn’t isolated. Texas law classifies marijuana as a Schedule I substance, with possession often leading to fines or jail time.
Reactions Pour In From All Sides
Advocates are fired up. Catina Voellinger, executive director of Ground Game Texas, didn’t hold back. She said the Supreme Court’s refusal sides with Governor Greg Abbott’s picks and ignores 82% of San Marcos voters. “This is not just about marijuana,” she added. “It is about whether working Texans get to make our own decisions.”
Local leaders feel the sting too. San Marcos officials had implemented the policy briefly, saving nearly $500,000 in enforcement costs, according to city estimates from early 2025.
On the flip side, state officials cheer the outcome. They argue consistent laws prevent a patchwork of rules that could confuse police and residents.
Here’s how this hits everyday folks:
- Police Enforcement Resumes: Officers can now cite for low-level possession again, potentially leading to more arrests.
- Voter Frustration Grows: Many feel their ballots are worthless if state courts can override them.
- Reform Efforts Stall: Groups like Ground Game Texas may shift tactics, focusing on statewide changes.
One resident summed it up: “We voted for this. Why bother voting if Austin calls the shots?”
Broader Fight for Marijuana Reform in Texas
Texas remains tough on marijuana, but cracks are showing. While medical use is limited, cities like Austin and Dallas have pushed local decrim policies. Austin’s similar measure survived a Paxton lawsuit in June 2024, when a judge dismissed the case.
Yet San Marcos’s loss highlights inconsistency. A NORML report from May 2025 noted appellate courts struck down voter-approved ordinances in Austin and San Marcos, calling it a setback for reform.
Look at the numbers in this table of 2022 voter initiatives:
| City | Yes Vote Percentage | Current Status |
|---|---|---|
| San Marcos | 81% | Blocked by courts |
| Denton | 70% | Enforcement halted |
| Killeen | 69% | Facing legal challenges |
| Elgin | 75% | Partially implemented |
These efforts saved resources. San Marcos avoided about 500 arrests, per a 2025 city analysis, freeing up police for serious crimes.
Reformers eye the legislature next. With sessions in 2025, bills for broader decriminalization could gain traction amid shifting public opinion. A 2023 University of Texas poll showed 66% of Texans support legalizing marijuana for adult use.
This ruling might fuel that fire, pushing more voters to demand change at the state level.
