This article provides a comprehensive overview of the latest Marijuana laws in San Antonio, Texas. It discusses the legality of Marijuana possession, potential penalties, and available legal defenses. We also explore the distinction between Marijuana, hemp, and CBD, as well as the state’s Compassionate Use Program for medical Marijuana. Additionally, the article addresses the issue of driving under the influence of Marijuana and the potential legal consequences. If you’re charged for Marijuana possession in San Antonio, don’t risk your future: consult with the experienced Texas Criminal Defense lawyers at Trey Porter Law.
MARIJUANA LAWS IN SAN ANTONIO
Marijuana is illegal in San Antonio according to Texas Health and Safety Code Section 481.121 (The Texas Marijuana Possession Law). 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. Marijuana is illegal in Bexar County. The laws and criminal penalties remain the same in San Antonio as they are elsewhere in Texas.
- Is Weed Legal in San Antonio, Texas? No. Marijuana is not legal in Texas for recreational or personal use. It is illegal to possess, purchase, and sell Marijuana in Texas, according to the Texas Controlled Substances Act.
POSSESSION OF MARIJUANA PENALTIES
While some cities like San Antonio have diversion programs available to certain, eligible defendants, the penalty range for individuals being prosecuted for Marijuana possession in Texas are weight-based. Every category includes the possibility of incarceration and collateral consequences like a loss of employment or housing.
- 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.
| Offense | Penalty | Incarceration | Maximum Fine |
| Possession of Marijuana | |||
| 2 oz or less | Misdemeanor | 6 months | $2,000 |
| 2 – 4 oz | Misdemeanor | 1 year | $4,000 |
| 4 oz to 5 lbs | Felony | 6 months – 2 years | $10,000 |
| 5 – 50 lbs | Felony | 2 – 10 years | $10,000 |
| 50 – 2000 lbs | Felony | 2 – 20 years | $10,000 |
| 2000 lbs + | Felony | 5 – 99 years | $50,000 |
| Sale of Marijuana | |||
| 7 g or less | Misdemeanor | 1 year | $4,000 |
| 7 g to 5 lbs | Felony | 6 months – 2 years | $10,000 |
| 5 – 50 lbs | Felony | 2 – 20 years | $10,000 |
| 50 – 2000 lbs | Felony | 5 – 99 years | $10,000 |
| 2000 lbs + | Felony | 10 – 99 years | $100,000 |
| To a minor | Felony | 2 – 20 years | $10,000 |
LEGAL DEFENSES TO POSSESSION OF MARIJUANA IN SAN ANTONIO TEXAS?
There are multiple ways to win your case in San Antonio. Texas search and seizure laws track the U.S. Constitution, and if police took shortcuts or broke the law, the charges can be dropped. Additionally, Texas laws offers two potential defenses outlined in the Texas Marijuana Possession Law Texas Health and Safety Code 481.121:
- The Good Samaritan Defense: If you were the first to call for help during a drug overdose and cooperated with authorities, you might be able to use this defense.
- Victim of Overdose: If you were the victim of an overdose and sought medical help, you may also have a defense.
CAN YOU GET MARIJUANA CHARGES DROPPED IN SAN ANTONIO TEXAS?
Yes, Marijuana charges are dropped, dismissed, and resolved without conviction everyday in Texas courts. At Trey Porter Law, our experienced criminal defense lawyers have a proven track record of winning cases through powerful advocacy and hard-earned experience. If you’ve been arrested or cited in San Antonio, schedule a free consultation today to discuss options for getting out of the charge, and getting off of your record.
WHAT HAPPENS IF YOU GET CAUGHT WITH MARIJUANA IN SAN ANTONIO TEXAS?
If you’re caught with Marijuana possession in San Antonio, it’s crucial to understand the potential legal implications. Depending on the amount of Marijuana involved, you could face misdemeanor or felony charges, resulting in significant fines, jail time, and a criminal record. Consulting with an experienced San Antonio Criminal Defense lawyer is essential to protect your rights and explore potential legal defenses.
Being arrested for Marijuana possession in San Antonio can be a frightening experience. It’s important to remember your rights and exercise them wisely. If law enforcement attempts to search you or your property, politely decline and request to speak with an attorney. Remaining silent and avoiding incriminating statements can help protect your legal interests and increase the likelihood of a favorable outcome.
- Do they have cite & release for Marijuana in San Antonio? Yes. San Antonio has cite and release for Marijuana. The Bexar County District Attorney’s Office has a policy not to prosecute low level maijuana offenses. However, San Antonio prosecutors are notoriously inconsistent with the application of office policy. Law enforcement has the legal power to cite and release at their own discretion pursuant to 14.06 of the Texas Code of Criminal Procedure.
HEMP, MARIJUANA, AND CBD IN SAN ANTONIO
Texas laws relating to Marijuana, hemp, and CBD are complicated and evolving. Texas lawmakers recently decriminalized hemp and medical Marijuana in limited circumstances, as recognized in reporting by the Austin American-Statesman.
- What is Marijuana? According to Texas Marijuana Laws in Texas Health and Safety Code Section 481.002, Marijuana is a cannabis plant, or its 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.
- Texas Hemp Laws: 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, according to the U.S. Centers for Disease Control and Prevention.
IS HEMP LEGAL IN SAN ANTONIO?
Hemp is legal in Texas. Texas legalized the production, manufacture, inspection, and retail sale of hemp crops and products 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%.
CBD LEGALITY IN SAN ANTONIO?
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.
TEXAS MEDICAL MARIJUANA IN SAN ANTONIO
In accordance with the Texas Department of Public Safety, Texas residents with eligible medical conditions can obtain medical Marijuana through the Compassionate Use Program (CUP).
- Can anyone go to a dispensary in San Antonio? No, to access medical Marijuana in Texas, patients must obtain a valid prescription from a registered physician. Minors under 18 years of age must be accompanied by a legal guardian. The Texas Department of Public Safety has established a list of qualifying medical conditions, including epilepsy, multiple sclerosis, and spasticity.
- Does Texas require a medical Marijuana card? No, unlike traditional medical Marijuana programs, Texas’s Compassionate Use Program (CUP) does not rely on physical cards. Instead, registered physicians issue prescriptions that are entered into the CUP Registry of Texas (CURT). Patients with valid prescriptions can then obtain medical Marijuana from licensed dispensaries.
DWI FOR MARIJUANA IN SAN ANTONIO
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 San Antonio? You can be arrested for driving high in San Antonio. As reported by News 4 San Antonio, driving high in San Antonio can land you in jail. Police officers are often trained Drug Recognition Experts and utilize standardized field sobriety tests to gather probable cause for arrest, and if necessary, a search warrant to draw blood for drug analysis. Texas law states that any intoxicant can serve as evidence for DWI prosecution.
- Is smoking and driving a DUI in San Antonio? You can get arrested for DWI and Possession of Marijuana for driving and smoking at the same time. But arrest doesn’t equal conviction. Experienced San Antonio DWI lawyers can get the DWI dismissed, absent other evidence. Possession doesn’t equal intoxication.
DRUG POSSESSION CONSEQUENCES UTSA STUDENT CODE OF CONDUCT
A single mistake can have serious consequences for students enrolled at the University of Texas San Antonio. Marijuana possession, even for personal use, can lead to a criminal record, impacting your future in significant ways. The same is true for possession of drug paraphernalia in San Antonio.
Important Considerations:
- Academic Impact: A criminal record, including Possession of Marijuana 0-2 ounces, or Possession of Marijuana 2-4 ounces, can lead to disciplinary action from the University, potentially affecting your academic standing and future opportunities.
- College Admissions: A Brookings Institution study found that more than 55% of public and private colleges and universities consider criminal records during the application process. A Marijuana charge could hurt your chances of getting accepted to top graduate schools, including those at UTSA or the University of Texas system.
- Housing: University housing may be impacted, and you could face eviction from on-campus housing.
- Campus Safety: UTSA takes student safety seriously. A Marijuana charge could result in disciplinary action, including suspension or expulsion.
- Clery Act Reporting: Under the Clery Act, UTSA is required to report certain crimes, including drug offenses, to the campus community. This can have a significant impact on campus safety and your personal reputation.
Remember: Marijuana is still illegal in Texas, including all parts of Bexar County. Don’t risk your future for a momentary lapse in judgment.
SAN ANTONIO MARIJUANA LAWS
Marijuana is illegal in San Antonio, Texas. Even small amounts of possession can lead to serious legal consequences, including fines, jail time, and a permanent criminal record. While some minor charges may be treated leniently, the potential risks are significant.
If you’re a college student caught with Marijuana, it could impact your academic standing, housing, and future opportunities. Additionally, it could lead to disciplinary action from university administration.
Keep Your Record Clear of Marijuana Charges
If you’ve been cited or arrested for Marijuana charges in San Antonio, Texas it’s important to take action. Even a dismissed charge can stay permanently on your criminal record. The San Antonio Criminal Defense attorneys at Trey Porter Law have a reputation for winning cases and successfully expunging criminal charges from the record. Questions about your Marijuana charge? Contact us for a free, confidential consultation.
