Texas Cannabis Laws: Court Blocks Austin’s Marijuana Decriminalization

24 April 2025

One day after Texas lawmakers advanced a bill (SB1870) to block local cannabis reforms, a Texas appeals court has struck down Austin’s voter-approved marijuana decriminalization measure. Police in Austin can now resume arresting individuals for low-level cannabis possession, reversing a previous policy that had limited enforcement.

This ruling directly follows recent legislative action aiming to restrict cities from enacting independent cannabis reforms.

Key Changes for Austin Residents

The court's decision reinforces that Texas cannabis laws take priority over local efforts. As a result:

• Arrests for Low-Level Possession Resume: Police in Austin can again arrest individuals for possessing small amounts of marijuana.
• Young Adults Most Affected: Individuals under 25 make up more than half of marijuana possession arrests across Texas.
• Higher Legal Risks: Both recreational cannabis users and medical marijuana patients in Texas face greater risks of fines, criminal charges, and incarceration.

This creates additional challenges for residents who rely on medical cannabis certification in Texas to manage health conditions.

Broader Impact on the Texas Cannabis Industry

The court ruling, combined with the recent legislative push, poses serious implications for the cannabis industry in Texas:

• Increased Uncertainty: Medical cannabis patients and cannabis dispensaries in Texas must operate under stricter and often confusing state-level rules.
• Setback for Local Reform: Other cities may now hesitate to pursue cannabis decriminalization efforts, fearing legal and political backlash.
• Slower Industry Growth: Efforts around cannabis cultivation in Texas and cannabis testing services could slow as businesses face a less predictable legal environment.

Entrepreneurs and consumers involved in the Texas cannabis industry must remain cautious while navigating these shifting policies.

What’s Next for Cannabis Reform in Texas?

Despite the court ruling and state legislative efforts, cannabis advocates in Texas are not giving up. Plans are underway to propose new reform initiatives in upcoming local elections, including in cities like Kyle. However, with enforcement tightening, achieving major changes in cannabis laws in Texas will likely require broader statewide political support.