Marijuana is illegal in San Antonio. The laws criminalizing possession of marijuana in San Antonio reflect Texas law. The penalties are severe, even for first-time offenders found with only a small quantity.
- Has San Antonio decriminalized marijuana?No. The laws and criminal penalties remain the same in San Antonio as they are elsewhere in Texas.
- Is weed legal in Texas?No. Marijuana is not legal in Texas for recreational or personal use. It is illegal to possess, purchase, and sell marijuana in Texas.
Possession of Marijuana Penalties
While some Texas cities like San Antonio have diversion programs available to certain, eligible defendants, the penalty range for individuals being prosecuted for marijuana possession are weight-based. Every category includes the possibility of incarceration and collateral consequences.
- Possession 0 – 2oz: Class B Misdemeanor, punishable by a fine of up to $2,000.00, incarceration up to 180 days in county jail, driver license suspension, and a permanent criminal conviction.
- Possession 2 – 4oz: Class A Misdemeanor, punishable by fine of up to $4,000.00, incarceration up to 365 days in county jail, driver license suspension, and a permanent criminal conviction.
- Possession 4oz – 5 pounds: State Jail Felony, punishable by a fine of up to $10,000.00, incarceration up to 2 years in a state jail facility, driver license suspension, a permanent criminal conviction, and the serious collateral consequences associated with being a convicted felon.
- Possession 5 – 50 pounds: Third Degree Felony, punishable by a fine of up to $10,000.00, incarceration between 2 and 10 years in prison, driver license suspension, a permanent criminal conviction, and the serious collateral consequences associated with being a convicted felon.
- Possession 50 – 2,000 pounds: Second Degree Felony punishable by a fine of up to $10,000.00, incarceration between 2 and 20 years in prison, driver license suspension, a permanent criminal conviction, and the serious collateral consequences associated with being a convicted felon.
- Possession over 2,000 pounds: First Degree Felony punishable by a fine of up to $50,000.00, incarceration between 5 and 99 years in prison, driver license suspension, a permanent criminal conviction, and the serious collateral consequences associated with being a convicted felon.
Hemp, Marijuana, and CBD in Texas
Texas laws relating to marijuana, hemp, and CBD are complicated and evolving. In 2019, Texas lawmakers decriminalized hemp and medical marijuana in limited circumstances.
- What is Marijuana?Marijuana is a cannabis plant, or it’s derivative, with a tetrahydrocannabinol (THC) concentration of more than 0.3%. THC is a psychoactive chemical compound unique to cannabis. Marijuana is primarily smoked, vaporized, or ingested.
- What is Hemp?Hemp is a cannabis plant, or its derivative, with a THC concentration of less than 0.3%. Hemp has a high concentration of the non-psychoactive chemical compound cannabidiol (CBD). Hemp is used for everything from food, cosmetics, and clothing, to fuel, paper, and building materials.
- What is CBD?CBD is a naturally occurring chemical compound found in the cannabis plant. Unlike THC, it is non-psychoactive. There is both hemp-derived CBD and marijuana-derived CBD. Marijuana-derived CBD also contains high levels of THC. CBD is commonly found in oils, creams, pills, and edibles.
Is hemp legal in Texas?
Hemp is legal in Texas. Texas legalized the production, manufacture, inspection, and retail sale of hemp crops and products in 2019 through the passage of House Bill 1325. While there are restrictions on who is permitted to grow hemp legally in Texas, possessing hemp in any quantity is legal, so long as the THC level is below 0.3%.
Is CBD legal in Texas?
CBD is legal in Texas. Hemp-derived CBD with a THC level below 0.3% is legal. The regulation of CBD consumables (including oil) is handled in accordance with the Federal Drug Administration (FDA) guidelines.
DWI for marijuana in Texas
As recreational marijuana becomes more popular in Texas, so does the prosecution of individuals found to be driving while high. In Texas, you can be prosecuted for DWI even with no alcohol in your system. Prosecutors can obtain a conviction by proving that marijuana caused the loss of the normal use of mental and physical faculties.
- What happens if you get pulled over high in Texas?You can be arrested if found driving while high in Texas. In addition to the administration of standardized field sobriety tests and questioning, the State may obtain a blood specimen for drug analysis. Learn more.
- Is smoking and driving a DUI in Texas?Driving while intoxicated is illegal. However, smoking and driving does not equate to intoxication. A person is susceptible to arrest for DWI and possession of marijuana if found to be driving and smoking at the same time.
