Marijuana Possession Charge in San Antonio

San Antonio, like the rest of Texas, takes a strict stance on marijuana possession. In this blog post, we explore the specifics of a marijuana possession charge in San Antonio, the ways a charge can be classified, and the associated penalties. In addition, we answer many frequently asked questions regarding the legality of marijuana in Texas and what to do if charged.

The Penalties for Marijuana Possession in San Antonio

The penalties for a marijuana possession charge in San Antonio are clearly defined based on the quantity of marijuana involved. The following outlines the potential legal consequences under Texas law:

  • Less than 2 ounces

    • Classification: Class B Misdemeanor
    • Punishment: Up to 180 days in jail and/or a fine of up to $2,000.
  • Between 2 and 4 ounces

    • Classification: Class A Misdemeanor
    • Punishment: Up to 1 year in jail and/or a fine of up to $4,000.
  • Between 4 ounces and 5 pounds

    • Classification: Felony
    • Punishment: Between 180 days and 2 years in jail and/or a fine of up to $10,000.
  • Between 5 and 50 pounds

    • Classification: Third Degree Felony
    • Punishment: Between 2 and 10 years in prison and/or a fine of up to $10,000.
  • Between 50 and 2,000 pounds 

    • Classification: Second Degree Felony
    • Punishment: Imprisonment for a period of 2 to 20 years and/or a fine of up to $10,000.
  • Amounts exceeding 2,000 pounds
    • Classification: First Degree Felony
    • Punishment: Imprisonment for a period of 5 to 99 years and/or a fine of up to $50,000.

The severity of the penalties demonstrates how seriously the offense is considered, with felonies carrying more severe consequences than misdemeanors. The advice and support of a criminal lawyer in San Antonio can be incredibly helpful when facing the consequences of a marijuana possession charge in San Antonio

Marijuana Possession in San Antonio Q&A

Has Marijuana Been Decriminalized in San Antonio?

No. While certain states have embraced the decriminalization or legalization of marijuana, it is still illegal to use or possess marijuana under Texas and federal law, and San Antonio diligently enforces these laws. Therefore, being caught with any amount of marijuana, even in small quantities, can lead to significant legal consequences.

What Should I Do If I Was Charged with Possession in San Antonio, Texas?

If you ever find yourself facing a marijuana possession charge in San Antonio, Texas it is crucial to seek representation. Your lawyer will provide guidance on the defense strategies available to defend the charge against you.

Can You Get Probation for Marijuana Possession?

Yes, especially if it is your first offense or if the quantity of marijuana involved is relatively small. Your attorney should encourage you to explore all available legal options.

How Much Is Bail for Marijuana in San Antonio?

Bail amounts can vary depending on factors like the severity of the charge. It is advisable to consult with an attorney who can provide specific details about your case.

How Hard Is It to Beat a Marijuana Charge in Texas?

With competent legal representation, it is possible to contest a marijuana charge. Your attorney should offer a thorough review of your case and identify any potential legal loopholes while constructing a strong defense strategy.

Can You Get a Possession Charge Dismissed in San Antonio?

Although challenging, there exists a possibility of having a marijuana possession charge dismissed with a solid and well-planned legal strategy. Here are a few options your lawyer might consider exploring:

  • Challenging the Legality of the Search: If it can be shown that the search conducted was unlawful, any evidence found could be considered inadmissible, leading to the charges being dropped.
  • Challenging Possession: If there is evidence to support that you were not in possession of the marijuana or that it did not belong to you, there is a possibility that the charges may be dismissed.
  • Insufficient Evidence: If there is not enough proof beyond a reasonable doubt that you had marijuana in your possession, it is possible for the charges to be dismissed.
  • Diversion Programs: Certain first-time offenders might qualify for diversion programs. Successfully completing such programs could lead to dismissal of the charges.

Your attorney will offer you advice on what steps to take considering your situation. Having an informed and experienced attorney is vital in navigating the intricacies of the law and striving to have the charges against you dismissed or the consequence minimized.


Dealing with a marijuana possession charge in San Antonio, Texas can be terrifying because of the state’s strict stance against the use and possession of marijuana and the severe penalties. But whether you are a resident or visitor, with proper legal assistance, there is a viable route towards achieving a favorable resolution to your case.

If you find yourself facing a marijuana possession charge, it is imperative that you contact a competent criminal defense attorney in San Antonio to discuss your case. An experienced lawyer can help explain the intricacies of the legal system, while also having a substantial impact on the outcome of your case.

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816 Congress Ave, Suite 950
Austin, Texas 78701

San Antonio Office
700 N St Mary’s St, Suite 1457
San Antonio, Texas 78205