Proposition A has been appealed; what this means to the San Marcos community

By Jissela Cabrera

News Reporter

SAN MARCOS – An appellate court ruled in favor of the State of Texas, appealing Proposition A, a voter-approved decriminalization ordinance for marijuana.

In 2022, the ordinance was approved by over 80% of San Marcos voters, in which the San Marcos Police Department could no longer arrest or cite people for misdemeanor possession of marijuana up to four ounces.

However, on April 17, The Fifteenth Court of Appeals and Judge April Farris issued the decision to appeal the proposition and cited that state law makes marijuana possession a criminal offense.

This comes from a lawsuit submitted in January 2024 by Attorney General Ken Paxton, who also sued the cities of Austin, Elgin, Denton and Killeen for passing similar local laws.

The appellate court also overturned Austin’s marijuana decriminalization law in the past week. Both cities are under a temporary injunction and have been directed to not enforce these laws.

The appeal raises important questions about its implications for the San Marcos community, particularly regarding its impact on consumers.

Ty S. Schepis, a psychology professor at Texas State University, offers his expertise on substance use among adults and adolescents, noting that the appeal may have limited effectiveness due to the legal availability of various forms of cannabis.

“Cannabis now comes in such a variety of forms beyond the simple plant material that can be smoked,” said Schepis. “There are a wide variety of edibles, gummies, topical creams, liquids, concentrates, and vape as many younger people tend to use it.”

Professor Schepis also highlights that his studies show that most substance use peak in late adolescents or young adults, and cannabis is no exception.

Additionally, he emphasizes that while in Texas recreational cannabis use is illegal for everyone, legal recreation doesn’t affect adolescent use rates either way.

“Conversely, for wider laws, adopting legal recreational cannabis is linked to an increase in prevalence of use in adults,” said Schepis.

“I think the best guess is that legal recreational cannabis does not affect use rates of adolescents, though they may have access to higher potency forms than in states where it is illegal.”

Professor Schepis notes that research is still ongoing to determine whether changes in cannabis laws and regulations have led to an increase or decrease in its use or possession.

However, the appeal has sparked deeper concern among members of the San Marcos community, with some viewing it as a disregard for democratic principles and a form of civic disempowerment.

Sam Benavides, now with the Hays/Caldwell Examiner, previously served as communications manager for Mano Amiga, where she also directed the Proposition A campaign in 2022.

Benavides explains that the campaign was not solely focused on decriminalizing marijuana but also aimed to build community power and demonstrate the collective capability of voters.

“For two years, our community members did not need to have their lives needlessly disrupted by a plant that over half of our country’s states have decriminalized,” said Benavides. “Even though the ordinance was short lived, it changed lives thanks to the help of our community, voters, and volunteers who were a big part of this movement.”

She also expresses concern about how the recent decision could affect the San Marcos community, saying this action was an attack on democracy.

“I worry that people will see this decision as power we had taken away from us, as this was meant to be disempowering and suppress political action even more,” said Benavides. “This decision was absolutely a slap in the face to all voters across Texas.”

Benavides emphasizes the importance of continuing to find creative ways to enact change within communities, urging residents not to let this setback define or discourage them.

“I hope that people take this outrage and turn it into action because there is absolutely no shortage of injustice to fight in this country right now, and especially in this state.”

Neither Proposition A nor the court’s ruling would impact Texas State University, as the institution falls under state jurisdiction and is served by its own police department, which is obligated to enforce state law regardless of local ordinances.