Despite the growing acceptance of Marijuana in many parts of the US, it remains illegal in San Marcos, Texas. This article cuts through the confusion, providing a clear guide to current Texas Marijuana laws. We’ll cover the legal definition of Marijuana, the potential penalties you face, and explore powerful legal defenses. We’ll also advise you on the crucial steps to take if you’re arrested, emphasizing the importance of consulting with experienced legal professionals. If you’ve been charged with Marijuana possession, your future could be in jeopardy. Don’t risk it. Contact the experienced Texas Criminal Defense lawyers at Trey Porter Law today for a free consultation
IS RECREATIONAL MARIJUANA LEGAL IN SAN MARCOS TEXAS?
No, under the Texas Health and Safety Code Section 481.121 recreational Marijuana use is illegal in San Marcos and throughout Texas. Possession of Marijuana is a criminal offense, with potential consequences including hefty fines, a permanent criminal record, and even jail time.
San Marcos Police are trained to detect Marijuana and have specific enforcement policies considering the city’s popularity as a college town and tourist destination.
- Is weed legal in San Marcos? As reported in KUT news, San Marcos decriminalized small amounts of Marijuana which means the authorities won’t arrest or prosecute petty possession cases. However, you can still be charged for large amounts of weed or if you’re caught breaking other laws.
LEGAL CONSEQUENCES OF SAN MARCOS MARIJUANA POSSESSION
Facing Marijuana possession charges in Texas can have serious consequences. Penalties range from misdemeanors to felonies, including jail time, hefty fines, and a permanent criminal record. This can impact your job, housing, and even your education. The amount of Marijuana involved directly impacts the severity of the penalties
- Do they have cite & release for Marijuana in San Marcos? Yes. Cite and release is a legal option for misdemeanor Marijuana possession in San Marcos – but it’s wholly up to the officer’s discretion and they may not use it when an individual is breaking other laws! Section 14.06 of the Texas Code of Criminal Procedure provides police with this option in limited situations.
MARIJUANA POSSESSION PENALTIES IN SAN MARCOS
Pursuant to Texas Health and Safety Code Chapter 481, Possession of Marijuana is a criminal offense subject to the following range of penalties:
- Possession 0 to 2 oz: Class B misdemeanor punishable by a maximum 6 month jail sentence and a maximum $2,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 2 to 4 oz: Class A misdemeanor punishable by a maximum 1 year jail sentence and a maximum $4,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 4 oz to 5 lbs: State Jail felony punishable by a 6 month to 2 year jail sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 5 lbs to 50 lbs: third degree felony punishable by a 2 to 10 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 50 lbs to 2,000 lbs: second degree felony punishable by a 2 to 20 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession over 2000 lbs: first degree felony punishable by a term of imprisonment of 5 to 99 years or life and a maximum $50,000 fine. A conviction is permanent and will result in a driver’s license suspension.
| 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 IN SAN MARCOS TEXAS?
There are many ways to win your case in San Marcos. The search and seizure rules in Texas adhere to the U.S. Constitution, and if the police officers broke the law or took shortcuts, the case can be dismissed. Individuals facing weed charges in San Marcos have two additional legal defenses in Texas Health and Safety Code 481.121, the Texas Marijuana Possession Law: .
- The “Good Samaritan” defense: this defense allows individuals to seek emergency assistance during a potential overdose without fear of legal repercussions. To invoke this defense, the individual must be the first to request help and remain at the scene to cooperate with law enforcement and medical personnel.
- Another potential defense applies to individuals who were the victims of a potential overdose. If emergency assistance was requested by the individual or another person during a medical emergency, it may be a valid legal defense.
CAN YOU GET MARIJUANA CHARGES DROPPED IN SAN MARCOS TEXAS?
Yes, it is possible to get Marijuana possession charges dismissed in San Marcos. The experienced Texas Marijuana Lawyers at Trey Porter Law have a successful track record of getting charges dismissed and reduced across the state. If you’re arrested for drug possession in San Marcos, contact us today to schedule a free consultation.
WHAT HAPPENS IF YOU GET CAUGHT WITH MARIJUANA IN SAN MARCOS TEXAS?
Those caught with Marijuana face arrest and prosecution for possession. These cases range from misdemeanors to felonies, potentially resulting in costly fines, imprisonment, and a permanent criminal record.
Texans facing Marijuana possession investigations should exercise their right to remain silent and politely decline any search requests. This strategic approach can preserve crucial legal defenses, such as evidence suppression, which could potentially lead to the dismissal of Marijuana charges in Texas.
- What is the new law on Marijuana in Texas? According to the Austin American-Statesman, Recent state and federal laws legalized certain substances containing less than a 0.3 % THC (tetrahydrocannabinol), the psychoactive component in Marijuana.
- Are dispensaries legal in San Marcos Texas? Recreational Marijuana dispensaries are not legal anywhere in Texas. However, medical Marijuana dispensaries operate legally under the Texas Department of Public Safety’s Compassionate Use Program guidelines.
TEXAS MARIJUANA FREQUENTLY ASKED QUESTIONS (FAQ SECTION)
WHAT COUNTIES IN TEXAS DECRIMINALIZED MARIJUANA?
No County in Texas has legalized Marijuana. However, some counties, including Travis County where Austin is located, have decriminalized possession of small amounts of Marijuana, according to reporting by KVUE news.
Similarly, San Marcos voted to decriminalize small amounts of Marijuana, as The Texas Tribune reports. This means prosecutors with the Hays County District Attorney’s Office may decline to prosecute petty possession cases so they can focus on other crimes, like DUI, DWI, and more severe drug laws.
- Is Texas a no tolerance state for Marijuana? Yes, Marijuana remains illegal despite Texas Marijuana decriminalization efforts. A Marijuana charge, including minor possession cases, can have lasting consequences, including employment loss and professional difficulties.Additionally San Marcos law enforcement and the Hays County District Attorney’s Office will still aggressively prosecute major Marijuana offenses, including distributing to a minor.
Medical Marijuana in Texas:
Medical Marijuana is legal for Texans with qualifying medical conditions, such as epilepsy, cancer, and multiple sclerosis, according to the Texas Department of Public Safety.
Texans seeking access to Medical Marijuna should consult their physician in order to obtain a recommendation.
DOES DELTA 8 SHOW UP ON DRUG TESTS IN SAN MARCOS TEXAS?
Yes, Delta-8 can cause a positive result on drug tests screening for THC, like urine tests (UA’s)! This could result in a probation violation or a bond revocation for defendants on court-ordered supervision.
- Is CBD legal? Texas law allows the use of cannabidiol (CBD). As defined by the U.S. Centers for Disease Control and Prevention (CDC), CBD is a cannabis compound extracted from hemp or non-hemp plants with a THC concentration of no more than 0.30 percent.
- Is weed legal in Texas? No, Marijuana remains an illegal controlled substance as classified under Texas Health and Safety Code Section 481.121.
ARE GUMMIES LEGAL IN SAN MARCOS TEXAS?
No! Gummies with a THC concentration exceeding 0.30 percent are illegal in San Marcos and all of Texas. Possession of THC gummies is a felony offense with severe penalties!
- How many edibles is a felony in San Marcos Texas? Possessing any quantity of THC edibles is a felony in San Marcos pursuant to the Texas Health and Safety Code section 481.116. Even one edible can end in a State Jail felony charge, with a 6 months to 2 years possible term in confinement and a max fine of $10,000.
- What happens if you get caught with a dab pen in San Marcos Texas? Dab pen possession can result in arrest and felony prosecution in San Marcos. While local officials may occasionally ignore small amounts of leaf Marijuana, they tend to be stricter with the more potent THC oils in dab pens.
CAN YOU GET A MEDICAL MARIJUANA CARD IN SAN MARCOS TEXAS?
Qualifying Texans can obtain medical Marijuana through a doctor’s prescription entered into the Compassionate Use Program Registry of Texas (CURT). This allows them to purchase medical Marijuana from licensed dispensaries. Texas does not issue traditional “medical Marijuana cards,” according to the Texas Department of Public Safety.
- Can I travel with medical Marijuana in San Marcos Texas? Yes, you can travel legally with prescribed medical Marijuana in San Marcos and throughout Texas.
- How much does medical Marijuana access cost in San Marcos Texas? There are no medical Marijuana cards in Texas, but the costs of accessing medical Marijuana include the doctor’s consultation needed for an eligible prescription, which can range from $200 to $500.
DOES TEXAS RECOGNIZE OUT-OF-STATE MEDICAL MARIJUANA CARDS IN SAN MARCOS?
No, according to the Texas Department of Public Safety, Texas only recognizes medical Marijuana prescriptions issued under the state’s Compassionate Use Program (Texas Medical Marijuana program). Additionally, Texas medical Marijuana has a lower THC content and must be ingested, not smoked.
- What happens if you fail a drug test but have a medical Marijuana card in Texas? Eligible Defendants are generally allowed use of medical Marijuana while on court-supervision. However, it is critical to have appropriate medical documentation ready to avoid possible legal problems with drug tests.
CAN YOU SMOKE CBD IN PUBLIC IN SAN MARCOS TEXAS?
While legal, smoking CBD in public areas might attract police attention and lead to an investigative stop. Police may not be able to distinguish between legal CBD and illegal THC products, potentially leading to a Texas Marijuana arrest.
- Will CBD gummies cause a positive drug test in San Marcos? Yes! CBD products can trigger positive drug tests due to trace THC amounts. Texas judges often restrict Defendants from using CBD products even though they are legal.
- Can anyone buy CBD gummies in San Marcos Texas? There are no age requirements for purchasing CBD gummies in San Marcos, but many retailers require that buyers be a minimum of 18 years of age.
CAN I FLY TO SAN MARCOS TEXAS WITH A DAB PEN?
No, dab pens with THC concentration exceeding 0.3% are illegal in Texas and a felony offense with harsh penalties under Texas Health and Safety Code section 481.116.
- Are Marijuana edibles a felony in San Marcos Texas? Yes, possession of THC edibles is a felony in San Marcos, according to Texas Health and Safety Code section 481.116. Indeed, Texas law distinguishes between Marijuana flower and concentrated THC products, imposing stricter penalties on the latter.
- Is kief illegal in San Marcos? Yes, kief, a concentrated form of Marijuana, is also illegal in San Marcos and subject to similar penalties as Marijuana flower.
- How many grams of Marijuana is illegal in Texas? Texas law criminalizes possession of any “usable quantity” of Marijuana, regardless of the specific amount.
CAN YOU SMOKE MARIJUANA IN YOUR HOME IN SAN MARCOS TEXAS?
No, Marijuana use is illegal everywhere in Texas, including private residences. While police generally need a warrant to enter a home, there are exceptions to this rule.
- Where is Texas on legalizing Marijuana? There is a growing movement advocating for Marijuana legalization in Texas, but significant legislative progress has not yet been made, according to Forbes Magazine.
IS IT ILLEGAL TO BE UNDER THE INFLUENCE OF MARIJUANA IN SAN MARCOS, TEXAS?
It is illegal to operate a motor vehicle while intoxicated (DUI & DWI) by Marijuana in Texas. Additionally, it’s illegal to appear in public while intoxicated (Public Intoxication) by Marijuana to the point of endangering oneself or others. Texas Marijuana DUI cases carry the same harsh penalties as alcohol cases, including driver’s license suspensions and permanent criminal records.
THE HIGH STAKES OF MARIJUANA POSSESSION FOR TEXAS STATE STUDENTS
A single mistake can have serious consequences for students enrolled at Texas State. Marijuana possession, even for personal use, can lead to a criminal record, impacting your future in significant ways.
The Price of a Mistake:
- Academic Impact: A criminal record, including Marijuana possession, can lead to disciplinary action from the University, potentially affecting your academic standing and future opportunities.
- College Admissions: A Brookings Institution study found that over half 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 Texas State.
- Housing: University housing may be impacted, and you could face eviction from on-campus housing.
- Campus Safety: Texas State University Police Department is vigilant and takes student safety seriously. A Marijuana charge could result in disciplinary action, including suspension or expulsion.
- Clery Act Reporting: Under the Clery Act, Texas State 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 San Marcos. Don’t risk your future for a momentary lapse in judgment.
HAYS COUNTY MARIJUANA LAWS OF SAN MARCOS TEXAS
While San Marcos has taken steps towards decriminalization, Marijuana possession in Texas still carries significant risks. Even minor offenses can have serious consequences, including fines, jail time, and a permanent criminal record.
Protect Your Future:
Don’t let Marijuana charges derail your life. If you’ve been cited or arrested in San Marcos, it’s crucial to act swiftly. The experienced Criminal Defense attorneys at Trey Porter Law have a reputation for winning cases and successfully expunging records. We can help you navigate the legal system and fight for the best possible outcome.
Contact us today for a free consultation.
