Last verified: April 2026
DA José Garza: No Prosecution
Travis County District Attorney José Garza, elected in 2020, implemented one of the most permissive cannabis prosecution policies in any prohibition state. Under Garza’s office, Travis County does not prosecute low-level marijuana possession and does not prosecute felony drug possession cases under 1 gram. This is not a formal decriminalization — it is prosecutorial discretion — but the practical effect is the same: possession of small amounts of marijuana in Travis County does not result in criminal charges.
Combined with Austin Police Department’s longstanding deprioritization of marijuana enforcement, the result is a city where cannabis possession is, for most practical purposes, not enforced. That said, state law has not changed. An arrest is still legally possible, and APD officers retain full discretion to enforce state law if they choose to.
Proposition A: The People Speak
In May 2022, Austin voters passed Proposition A with approximately 85% approval — one of the highest margins for any cannabis measure in U.S. history. The measure was placed on the ballot through a citizen petition organized by Ground Game Texas and directed three specific changes:
- Prohibited APD from making arrests or issuing citations for Class A and Class B misdemeanor marijuana offenses
- Banned no-knock warrants for the Austin Police Department
- Barred the use of city funds for THC testing of suspected marijuana
The third provision was particularly significant. Without THC testing, prosecutors could not distinguish legal hemp (under 0.3% delta-9 THC) from illegal marijuana — effectively making prosecution impossible even if an arrest occurred.
The 15th Court of Appeals blocked Proposition A on April 25, 2025, ruling that the city ordinance conflicted with state law. The Texas Supreme Court declined to review the case on December 19, 2025, leaving the appellate ruling in place. While APD still deprioritizes marijuana enforcement and DA Garza still declines prosecution, the voter-approved legal protections of Prop A are not in effect.
Hemp, CBD, and Delta-8 Retail
Austin has the densest concentration of hemp, CBD, and delta-8 retail in Texas. The South Congress (SoCo) corridor features multiple shops within walking distance of each other, and East Austin — particularly along East 6th Street and the East Cesar Chavez area — has seen a proliferation of hemp-derived THC retailers since HB 1325 legalized hemp products in 2019.
The culture around these shops blurs the line between hemp retail and cannabis culture in ways unique to Austin. Many sell delta-8 and delta-9 hemp-derived edibles, pre-rolls, and vape products that produce psychoactive effects comparable to traditional marijuana — all in a legal gray area that the legislature has repeatedly failed to close.
Medical Dispensaries
goodblend, one of Texas’s three licensed TCUP dispensaries, is headquartered in Austin at 7105 E. Riverside Drive. The facility serves as both a dispensary and corporate hub. Nearby in Bastrop, Texas Original Compassionate Cultivation operates another dispensary, giving the Austin metro two of the state’s three TCUP access points. As new licenses from the HB 46 expansion become operational, Austin is expected to gain additional dispensary presence.
Reform Headquarters
Austin is not just the state capital — it is the headquarters of Texas cannabis reform. The major organizations all operate from the city:
- Ground Game Texas — the grassroots organization behind Proposition A and the multi-city decriminalization ballot campaign
- Texas Cannabis Policy Center, led by Heather Fazio — the state’s most prominent cannabis policy organization, which has driven legislative strategy for more than a decade
- Texas NORML — the state chapter of the National Organization for the Reform of Marijuana Laws, focused on legislative lobbying and public education
The proximity of these organizations to the Texas Capitol means that cannabis reform efforts maintain constant presence during legislative sessions. Austin’s political culture — progressive in a conservative state — provides the base of support that sustains these organizations.
Psychedelic Decriminalization
In May 2021, Austin voters passed a measure making enforcement of laws against psilocybin mushrooms, ayahuasca, and other naturally occurring psychedelics the lowest priority for APD. While not a legalization or formal decriminalization, the measure signaled Austin’s broader openness to drug policy reform and made it one of a small number of U.S. cities to address psychedelics through the ballot box.
The Bottom Line
Austin is the most cannabis-friendly city in Texas by a significant margin. The combination of prosecutorial discretion from DA Garza, APD deprioritization, dense hemp-derived THC retail, two nearby TCUP dispensaries, and the concentration of reform organizations creates an environment unlike anywhere else in the state. But the legal foundation is fragile — Prop A is blocked, DA policy can change with an election, and state law remains unchanged. Austin’s cannabis friendliness is cultural and political, not legal.