Attorney General Ken Paxton is now fighting both Austin and San Marcos over their weed decriminalization, leading to a debate over state vs. city powers when it comes to marijuana laws. So can a city actually decriminalize marijuana in Texas?
According to Gary Polland with Texas Conservative Review, not exactly. He said these resolutions don't really have any functional meaning other than simply reflecting the will of the voters. At the end of the day, only the Texas legislature can effect changes like this.
Polland said, "You've got to remember that the cities and the counties, are basically entities of the state of Texas. And what they're able to do is related to the Texas Constitution, and Texas law."
He says eventually all these referendums and ordinances will make their way to the proper courts, and they'll be dead on arrival when they get there.