Texas Senate Passes Bill To Ban Cities From Putting Marijuana Decriminalization Initiatives On Local Ballots

The Texas Senate has approved a bill that would prohibit cities from putting any citizen initiative on local ballots that would decriminalize marijuana or other controlled substances—as several localities have already done despite lawsuits from the state attorney general.

The legislation from Sen. Charles Perry (R) is responsive to those local reforms, and it passed the chamber on Wednesday in a 23-8 vote. It now heads to the House of Representatives.

Under the proposal, state law would be amended to say that local entities “may not place an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce” state drug laws.

The latest version of the legislation as amended in the Senate Criminal Justice Committee would also specifically bar localities from putting initiatives on the ballot that would contravene the state’s consumable hemp laws.

It would also require the attorney general to create a form for people to report violations of the law. And it’d expedite legal proceedings to challenge any city, mandating that an appellate court “render its final order or judgment with the least possible delay,” a legislative analysis says.

Cities found to be in violation of the law by placing a decriminalization initiative—or any measure that conflicts with state or federal drug laws—would be subject to a $25,000 civil fine for a first offense and a $50,000 fine for any subsequent offense.

“In the last few years several local governments have adopted policies and ordinances that are designed to decriminalize controlled substances or instruct law enforcement or prosecutors not to enforce our state drug laws,” Perry said in a statement of intent.

“In 2024, the attorney general launched lawsuits against multiple cities for adopting non-prosecution policies that violate Texas laws concerning marijuana possession and distribution,” he said. “Although these lawsuits are still pending, this is a growing trend across our state.”

It’s not clear why, if the attorney general’s lawsuits assert that local decriminalization laws are already prohibited under statute, the proposed amendments to the code are necessary. But the legislation does appear to escalate enforcement and penalties.

A House companion version of the bill, sponsored by Rep. Jeff Leach (R), is scheduled for a hearing in the State Affairs Committee on Friday.

The Senate vote comes about a week after a Texas appellate court sided with the state in its lawsuit challenging the city of San Marcus over the implementation of a local marijuana decriminalization law approved by voters.

That marked a setback for activists who’ve led the charge to enact local marijuana policy changes through the ballot, many of which have been contested by Texas Attorney General Ken Paxton (R).

Meanwhile, despite the ongoing litigation and Senate bill’s advancement, Texas activists have their targets set on yet another city, Kyle, where they hope put an initiative before voters to enact local marijuana reform at the ballot this coming November.

Despite the state’s resistance and the latest development in San Marcos, advocates have seen several courts rule in their favor amid the legal challenges.

For example, in February, a Texas judge has ruled that a cannabis decriminalization law approved by Dallas voters last year can continue to be implemented—denying a request from the state attorney general that sought to temporarily block the reform as a lawsuit proceeds.

This doesn’t mean the lawsuit from Paxton is dead altogether. But, at least for the time being, the judge has determined that the decriminalization policy can continue as the litigation unfolds.

Dallas Police Department had previously instructed officers to stop arresting or citing people for possession of up to four ounces of marijuana, in accordance with the voter-approved ballot initiative.

Gov. Greg Abbott (R) has lashed out against the municipal cannabis reform efforts.

“Local communities such as towns, cities and counties, they don’t have the authority to override state law,” the governor said last May “If they want to see a different law passed, they need to work with their legislators. Let’s legislate to work to make sure that the state, as a state, will pass some of the law.”

He said it would lead to “chaos” and create an “unworkable system” for voters in individual cities to be “picking and choosing” the laws they want abide by under state statute.

Abbott has previously said that he doesn’t believe people should be in jail over marijuana possession—although he mistakenly suggested at the time that Texas had already enacted a decriminalization policy to that end.

In 2023, Ground Game released a report that looked at the impacts of the marijuana reform laws. It found that the measures will keep hundreds of people out of jail, even as they have led to blowback from law enforcement in some cities. The initiatives have also driven voter turnout by being on the ballot, the report said.

Another cannabis decriminalization measure that went before voters in San Antonio that year was overwhelmingly defeated, but that proposal also included unrelated provisions to prevent enforcement of abortion restrictions.

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Meanwhile, late last month the Texas Senate approved a bill that cannabis advocates and stakeholders said would effectively eradicate the state’s hemp industry, prohibiting consumable products derived from the plant that contain any amount of THC.

That, as well as another measure from Rep. Joe Moody (D) to decriminalize cannabis statewide, is one of the latest of nearly two dozen cannabis-related proposals filed so far in Texas for the current legislative session. Various other measures would legalize adult-use marijuana, remove criminal penalties for cannabis possession and adjust the state’s existing medical marijuana laws, among others.

Moody sponsored a similar marijuana decriminalization bill last legislative session, in 2023. That measure, HB 218, passed the House on an 87–59 vote but later died in a Senate committee.

The House had already passed earlier cannabis decriminalization proposals during the two previous legislative sessions, in 2021 and 2019. But the efforts have consistently stalled in the Senate amid opposition from the lieutenant governor.

Separately, a Texas House committee took testimony on Monday about two bills designed to prepare the state to provide swift access to therapeutic psychedelics in the event of approval from the U.S. Food and Drug Administration (FDA).

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Photo courtesy of Brian Shamblen.

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