Marijuana Possession Defense San Antonio

Marijuana Possession in Texas — Still Illegal, Still Defensible in Bexar County

Marijuana possession in Texas is charged under Health & Safety Code §481.121. It remains a criminal offense at every quantity — from a Class B misdemeanor for under 2 ounces through a first-degree felony for 2,000 pounds or more. Texas has not decriminalized recreational marijuana. Even a Class B conviction — the most common drug charge in Bexar County — creates a permanent criminal record that appears on background checks, affects professional licensing, and can disqualify you from federal student financial aid at UTSA, St. Mary’s University, and every other institution in the country.

The hemp defense is the most significant development in marijuana cases since hemp legalization in Texas in 2019. Hemp was defined as cannabis with a THC concentration of 0.3% or less by dry weight under Agriculture Code §122.001. Hemp and marijuana are visually identical and smell identical. The Duquenois-Levine presumptive field test that SAPD and BCSO officers use at traffic stops cannot determine THC concentration — it only detects cannabinoids. Without a gas chromatography mass spectrometry laboratory analysis confirming THC content above 0.3%, the prosecution cannot prove beyond a reasonable doubt that the substance was illegal marijuana rather than legal hemp. We raise this defense on every Bexar County marijuana case where the state relies on field test evidence.

Before the hemp defense, the stop itself. Most marijuana arrests in San Antonio arise from traffic stops on IH-35, IH-10, Loop 410, and US-281. If the stop lacked reasonable articulable suspicion, the marijuana goes with it. Call 210-692-4913 before saying anything to law enforcement.

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Marijuana Possession Penalties in Texas — Weight-Based Tiers

Every level requires the prosecution to prove the weight and identity of the substance beyond a reasonable doubt. Both are challengeable. The hemp/marijuana distinction applies at every tier.

Quantity	Class	Penalty	Key Note
Under 2 ouncesH&S Code §481.121(b)(1) — most common Bexar Co. charge	Class B Misd.	Up to 180 days • $2,000	Permanent record • Background check visibility
2 to 4 ouncesH&S Code §481.121(b)(2)	Class A Misd.	Up to 1 year • $4,000	Professional licensing impact
4 ounces to 5 poundsH&S Code §481.121(b)(3)	State Jail Felony	180 days–2 yrs • $10,000	Felony record • Weight near boundary challengeable
5 to 50 poundsH&S Code §481.121(b)(4)	3rd Degree Felony	2–10 years • $10,000	District Court — Cadena-Reeves
THC Concentrate (vape/wax)H&S Code §481.116 — PG2, any amount	State Jail Felony+	SJF minimum regardless of weight	NOT charged as marijuana • Hemp defense applies

Marijuana possession defense San Antonio — hemp vs marijuana field test challenge and vape pen THC concentrate Bexar County courts

The Hemp Defense in Bexar County — Why the Field Test Is Not Enough

Since Texas legalized hemp in 2019, every marijuana prosecution that relies on field test results rather than laboratory confirmation has a specific vulnerability that we raise in every applicable Bexar County case. The Duquenois-Levine presumptive field test that SAPD and BCSO officers use detects cannabinoids — it does not measure THC concentration. Both hemp at 0.1% THC and marijuana at 25% THC test positive. Both look the same and smell the same.

To prove the substance is illegal marijuana — and not legal hemp — the prosecution needs a gas chromatography mass spectrometry (GC-MS) laboratory analysis confirming THC concentration above 0.3% by dry weight. If the state’s evidence is a field test result, a visual observation, and an officer’s smell testimony, that may not be sufficient to prove beyond a reasonable doubt that the substance was illegal marijuana. DA Joe Gonzales’s Narcotics unit is aware of this evidentiary issue, but cases are still filed on field test evidence. We challenge the substance identification on every Bexar County marijuana case where GC-MS confirmation is absent or the methodology is contestable.

For THC concentrate cases — vape pens, wax, dabs — the charge is a state jail felony under PG2 regardless of quantity. The same hemp distinction applies: the substance must be confirmed as exceeding 0.3% THC by GC-MS analysis. A vape pen used with legal hemp-derived CBD is not paraphernalia for an illegal controlled substance.

Marijuana defense attorneys San Antonio — Mark Hull and Allison Tisdale defending marijuana possession charges in Bexar County

How We Defend Marijuana Possession in Bexar County

Marijuana defense in Texas has more viable angles than most clients realize. We pursue all of them simultaneously.

01

Challenge the stop for Fourth Amendment violations

Most marijuana arrests in San Antonio come from traffic stops on IH-35, IH-10, Loop 410, and US-281. Before anything else, we examine whether the stop was legally justified. A stop without reasonable articulable suspicion means the marijuana is suppressible — without it, the prosecution has nothing.

02

Challenge substance identification with the hemp defense

If SAPD or BCSO is relying on a field test result, we demand the GC-MS laboratory analysis. If it doesn’t exist, we file a motion challenging whether the prosecution can prove the substance was illegal marijuana beyond a reasonable doubt. This defense has produced dismissals in Bexar County courts since hemp legalization in 2019.

03

Challenge the weight and tier designation

The charge level depends on the weight. We scrutinize the lab’s measurement methodology, whether stems and seeds were included, and whether the measurement places the substance in the charged tier. Weight near a tier boundary is always specifically challenged.

04

Evaluate constructive possession in shared vehicle cases

If the marijuana was found in a shared vehicle or common area, the prosecution must prove you specifically had knowledge and control. In multi-occupant vehicle stops on IH-35 and IH-10, constructive possession is often the prosecution’s weakest point.

05

Pursue deferred adjudication when outright dismissal is not achievable

When dismissal is not possible, deferred adjudication allows the case to be dismissed on completion and may allow non-disclosure under §411.072. We evaluate all options honestly on every case.

06

Evaluate expungement on every dismissed case

A dismissed marijuana charge in Bexar County can be expunged under Texas Chapter 55, removing the arrest from background checks. We file the petition as soon as you are eligible.

Marijuana Defense in Bexar County — Former Prosecutors, Local Courts

Mark Hull has 20+ years of Texas criminal defense experience and has defended marijuana possession cases in the Bexar County Courts at Law for over 20 years. Allison Tisdale prosecuted drug cases as a Texas state prosecutor before joining the defense. She knows how DA Joe Gonzales’s Narcotics unit evaluates its marijuana files, what it considers sufficient identity evidence, and where the hemp challenge has the most traction.

We carry a 5.0 rating across 363 Google reviews and have achieved Over 930 dismissals or rejected cases since 2021 across Bexar County and Central Texas courts, including marijuana cases dismissed on hemp distinction and Fourth Amendment grounds. San Antonio office at 700 N St. Mary’s Street, Suite 1400.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Bexar, Travis, Williamson, and Hays county courts. Mark Hull.

◆ Former State Prosecutors on Staff

Mark Hull and Allison Tisdale prosecuted drug cases in Texas courts before joining the defense. They know how DA Joe Gonzales’s Narcotics unit builds cases — and where they collapse.

◆ 20+ Years in Bexar County Courts

Regular appearances in the Cadena-Reeves Justice Center. We know the Narcotics prosecutors, the judges, and how the docket moves on drug cases.

◆ Over 930 dismissals or rejected cases since 2021

Bexar County, Hays County, Travis County — drug charges, DWI, assault, and felonies of every level.

Over 930dismissal or rejected cases since 2021

5.0Google Rating (363 Reviews)

20+Years in Bexar County Courts

Marijuana Possession FAQ — San Antonio & Bexar County

Common questions about marijuana charges in Bexar County courts.

Is marijuana legal in Texas?+

No. Marijuana remains illegal in Texas at every quantity for recreational use. Hemp — cannabis with 0.3% or less THC by dry weight — is legal under Texas Agriculture Code §122.001. The distinction between hemp and illegal marijuana is a central defense issue in Bexar County cases where the prosecution relies on field test evidence rather than confirmed GC-MS laboratory analysis.

What is the penalty for marijuana possession under 2 ounces in San Antonio?+

Possession of marijuana under 2 ounces is a Class B misdemeanor under H&S Code §481.121(b)(1): up to 180 days in Bexar County jail and a fine up to $2,000. Misdemeanor cases are heard in the Bexar County Courts at Law at the Cadena-Reeves Justice Center, 300 Dolorosa Street. A conviction is permanent — it is not a citation and does not go away on its own. Only expungement after dismissal removes it from background checks.

Can hemp legalization help my marijuana charge in Bexar County?+

Yes — significantly, on cases where the prosecution relies on field test evidence. Since Texas legalized hemp in 2019, the prosecution must prove the substance’s THC concentration exceeds 0.3% to establish it is illegal marijuana rather than legal hemp. Standard Duquenois-Levine field tests cannot determine THC concentration. Without a GC-MS laboratory analysis confirming THC content, the prosecution may not be able to prove the substance was illegal marijuana beyond a reasonable doubt. We raise this challenge on every Bexar County marijuana case where GC-MS analysis is absent.

What happens to a UTSA or St. Mary’s student charged with marijuana possession?+

Students at UTSA, St. Mary’s University, Trinity, or any other San Antonio institution face two simultaneous proceedings: the criminal case in Bexar County courts and a student conduct proceeding under the school’s code of conduct. Both run independently on different timelines. A criminal dismissal does not automatically resolve the student conduct matter. Housing, financial aid, and enrollment status are often the more immediately pressing concern. We evaluate both tracks at the first consultation for student clients.

Is THC concentrate treated differently from marijuana in Texas?+

Yes — significantly. A small amount of vape pen oil is a state jail felony minimum under PG2, while larger amounts of marijuana flower may only be a Class B misdemeanor. THC concentrate — vape cartridges, wax, dabs, shatter — is classified as Penalty Group 2 under §481.116. Any amount is a state jail felony. The hemp defense applies to concentrate cases as well: the substance must be confirmed as exceeding 0.3% THC concentration by laboratory analysis, not just by a K-9 alert or field test.

Can a marijuana conviction be expunged in Texas?+

A marijuana conviction cannot be expunged. A dismissed marijuana charge can be expunged under Texas Chapter 55. Completion of deferred adjudication on a marijuana charge may allow an order of non-disclosure under §411.072, which seals the record from most public view but does not destroy it. Dismissal — whether through a suppression motion, a hemp challenge, or deferred adjudication — is always the primary goal.

What should I do if I was arrested for marijuana in San Antonio?+

Call 210-692-4913 immediately. Do not consent to searches and do not make statements about the substance or where it came from. Write down everything about the stop: the location, the officer’s stated reason, whether a K-9 was deployed, and whether you consented to anything. The hemp defense depends on the specific evidence collected at the stop. The earlier we are involved, the stronger the challenge we can build.

Drug Defense Resources — San Antonio & Bexar County

Related pages covering drug charges and criminal defense in San Antonio and Bexar County.

Drug Charges Hub

All drug charge types in Bexar County — penalty groups, quantities, and Fourth Amendment defense.

Marijuana Possession

Hemp vs. marijuana field test challenges and weight-tier defense in Bexar County.

Controlled Substance

PG1–PG4 possession — lab chain of custody and constructive possession challenges.

Drug Trafficking

Intent to deliver challenges and federal threshold exposure on IH-35 and IH-10 arrests.

Drug Paraphernalia

Section 481.125 — paraphernalia definition challenges in Bexar County.

IH-35 & IH-10 Drug Charges

IH-35/IH-10 stop extension, K-9 alerts, and interdiction defense in Bexar County.

Criminal Defense Hub

Full criminal defense hub for all charge types in Bexar County courts.

Expungement San Antonio

Clearing a dismissed drug charge permanently under Texas Chapter 55.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across Bexar County, Hays County, Travis County, and Central Texas.

RL

Ronnicka Lopez

★★★★★

Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team. I see exactly why they received multiple awards for best law firm in the state.”

BS

Blake Shires

★★★★★

Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”

SH

Shawn Hallman

★★★★★

Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

210-692-4913

Marijuana Possession Defense in San Antonio & Bexar County

Marijuana Possession in Texas — Still Illegal, Still Defensible in Bexar County

Marijuana Possession Penalties in Texas — Weight-Based Tiers

The Hemp Defense in Bexar County — Why the Field Test Is Not Enough

How We Defend Marijuana Possession in Bexar County

Marijuana Defense in Bexar County — Former Prosecutors, Local Courts

Marijuana Possession FAQ — San Antonio & Bexar County

Drug Defense Resources — San Antonio & Bexar County

Drug Charges Hub

Marijuana Possession

Controlled Substance

Drug Trafficking

Drug Paraphernalia

IH-35 & IH-10 Drug Charges

Criminal Defense Hub

Expungement San Antonio

What Our Clients Say

Marijuana Charge in San Antonio? Call Us Today.