Austin, TX Public Conduct: Public Marijuana Use (2026)
Key Facts
- Ordinance
- City Code Sec. 16-1-1 (Freedom Act)
- Adopted
- Prop A, May 2022, ~85% yes
- Current status
- Blocked, unenforceable (Dec 2025)
- Governing law
- Texas H&S Code Sec. 481.121
- Penalty
- Class B misdemeanor, up to $2,000
Summary
Austin voters passed the Freedom Act (Proposition A) in 2022, barring police from citing or arresting for misdemeanor marijuana possession. But Texas appellate courts blocked it and the Texas Supreme Court refused review in December 2025, so state law again controls in Austin.
§ 16-1-1 ENDING CITATIONS AND ARRESTS FOR MISDEMEANOR POSSESSION OF MARIJUANA. (A) Austin police officers shall not issue citations or make arrests for Class A or Class B misdemeanor possession of marijuana offenses, except in the limited circumstances described in § 16-1-1(B). ... (C) In every instance other than those described in § 16-1-1(B), if an Austin police officer has probable cause to believe that a substance is marijuana, an officer may seize the marijuana. If the officer seizes the marijuana, they must write a detailed report and release the individual if possession of marijuana is the sole charge.
Full Breakdown
The Austin Freedom Act of 2021, adopted as Proposition A with roughly 85% voter support in May 2022, created City Code Title 16, Chapter 16-1. Section 16-1-1 directs that Austin police "shall not issue citations or make arrests" for Class A or Class B misdemeanor marijuana possession except in high-priority felony narcotics or violent-felony investigations; officers may seize marijuana but must release the person if it is the sole charge. In April 2025 the Texas 15th Court of Appeals held the ordinance conflicts with state drug law, and the Texas Supreme Court declined Austin's petition on December 19, 2025. The appellate injunction stands, so possession and public use remain crimes under Texas Health and Safety Code Section 481.121.
Violations & Fines
Marijuana possession is a Texas crime: two ounces or less is a Class B misdemeanor punishable by up to 180 days jail and a $2,000 fine; two to four ounces is a Class A misdemeanor, up to one year and $4,000. Public use carries the same possession penalties.
Frequently Asked Questions
Is marijuana legal in Austin now?
Can Austin police still arrest for marijuana?
Sources & Official References
Other rules in Austin
Texas rules heatmap·Compare Austin to another location·View the Texas public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.