Marijuana Laws in San Antonio

Trey Porter

January 30, 2018 • 2 min read

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.

Contact Trey Porter Law

Marijuana is illegal in San Antonio. It shouldn’t be. Unfortunately, law enforcement and the District Attorney treat this offense very seriously. There are people in the Bexar County Jail – right now – doing time for possession of marijuana.

If you’ve been charged with possession of marijuana it’s important to take it seriously, and fight for the best outcome. A bad search, a prolonged stop, or a number of other factors could result in a dismissal.

I always aim for dismissal. Contact me today, and we can start working on yours.

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