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Judge quashes Paxton's anti-weed lawsuit

Judge Jan Soifer dismisses the lawsuit, shocking everyone in attendance. The dismissal is final and cannot be refiled, but an appeal is expected.

Published June 12, 2024 at 4:47pm by John C. Moritz


Texas Judge Tosses AG Paxton's Lawsuit Over Marijuana Decriminalization

A Travis County state district judge has dismissed Texas AG Paxton's lawsuit aiming to nullify voter-approved ordinances decriminalizing small amounts of marijuana possession in Austin and several other Texas cities. Judge Jan Soifer ruled that the case had no merit and dismissed it "with prejudice," preventing it from being refiled.

"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." - City of Austin

Paxton's lawsuit, filed in January, argued that local ordinances could not override state laws. However, 85% of Austin voters approved the measure, and similar ordinances were passed in San Marcos, Elgin, Killeen, and Denton by wide margins.

Ground Game Texas, an advocacy group leading the marijuana ballot initiatives, expects an appeal from Paxton's office. Spokeswoman Amy Kamp stated:

"It's extremely likely they'll appeal. For now, we're thrilled that the policy remains in force, and will remain in force throughout any potential appellate process."

Texas is one of only 19 states still imprisoning people for small amounts of marijuana possession. Despite efforts by State Rep. Joe Moody to decriminalize, the Senate has repeatedly blocked progress.

With Lubbock recently rejecting a similar decriminalization measure, the focus turns to Dallas, where Ground Game Texas is working to get the issue on the ballot.

Read more: Judge dismisses Ken Paxton's lawsuit seeking to nullify Austin's marijuana ordinance