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.
Hellbound and Down 