Marijuana Laws in San Antonio

marijuana laws texas

Marijuana is illegal in Texas. It shouldn’t be.

Recently, however, large Texas cities like Dallas, Austin, and Houston have implemented cite and release programs when it comes to simple possession of marijuana.

And in September of last year, San Antonio signaled it would be doing the same.

“This will definitely change the face of how we do things in Bexar County. The jail is for people who we are afraid of, not just for people we’re mad at. … If we don’t find a better way to do things, we’re going to be wasting money and resources.”

Bexar Co. Sherriff Javier Salazar

I completely agree with Sherriff Salazar. However, many people mistakenly think that simple possession of marijuana is something that is already treated like a traffic ticket.

That’s false. Here are the penalties for Marijuana in San Antonio:

Possession of Marijuana in the amount of 0-2 ounces (yes, a teeny tiny bit counts) is a Class B Misdemeanor with a maximum punishment range of 180 days in jail and up to a $2,000.00 fine.

Possession of Marijuana in the amount of 2-4 ounces is a Class A Misdemeanor and the time and money caps double.

The Bexar County District Attorney’s Office stated on November 30, 2017, that this program was going to be implemented before the end of the year. That hasn’t happened yet.

What’s the holdup?

In the meantime, regular hardworking people with kids and jobs are being arrested for marijuana. In Bexar County, we’ve arrested over 3,000 people a year for the past 10 years for Misdemeanor Marijuana charges! Once you’re arrested, you are suddenly susceptible to a number of circumstantial hazards.

First, you have to make bond to get out – and not everyone can afford a bond. While Personal Recognizance (PR) bonds are given out here in Bexar County, not everyone gets one. If you’re in a car or on a bike, it could get impounded.

If a person does make bond, they then must check in with their bond company regularly. A few missed phone calls or a harmless clerical error at the bond company can result in forfeiture of a bond, and even an arrest warrant. I’ve seen it happen.

2018 is only 30 days old, and I’ve already represented a number of individuals who would’ve qualified for the proposed Cite and Release Program.

While the wheels of government and change turn slow here in Bexar County, it remains critical to know your rights when you are arrested and know your options when you are being prosecuted.

If you’ve been charged with Possession of Marijuana in San Antonio they aren’t going to cite and release you. They’re going to arrest you. When you get out, give me a call today and together we can start building your defense.

Marijuana Laws in San Antonio

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Successful Cases



Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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