Is Weed Legal in Bexar County – Recreational & Medical Laws

  • August 7, 2023
  • By Richard
  • Texas
  • 0

Is Weed Legal in Bexar County – Recreational & Medical Laws

Navigating the complex landscape of legal regulations is an endeavor that demands accurate information and insightful guidance. For those residing in Bexar County, the question of whether weed is legal has sparked considerable interest and confusion.

As a seasoned legal practitioner with a deep understanding of local statutes and a commitment to clarifying legal intricacies, I, am here to shed light on the current legal status of cannabis in Bexar County.

So, without further ado, let’s cut to the chase.

Is Weed Legal in Bexar County?

The recreational use of marijuana is still illegal in Bexar County, Texas, according to both state and federal law. However, there has been momentum toward legalization in Texas in recent years, such as the expansion of the state’s medical marijuana program.

Under the Compassionate Use Program enacted in 2015, cannabis possession is legal only for those who are allowed medical usage. Possessing Cannabis sativa (hemp) with concentrations less than 0.03% THC is also legal in Texas.

Law enforcement officials in most of Bexar County, including Houston, generally do not arrest individuals who have less than four ounces of marijuana in their possession. Instead, they are likely to be fined and required to attend the Bexar County Misdemeanor Diversion Program.

Furthermore, selling or distributing marijuana is also illegal in Texas. Whether it involves selling small amounts or operating a larger-scale operation, engaging in the sale of marijuana can result in criminal charges. These charges can be felonies, carrying significant penalties, such as substantial fines and lengthy prison sentences.

It’s important to note that the laws surrounding marijuana can be complex and vary from county to county. It is advisable to consult with legal professionals or official sources for the most up-to-date and accurate information regarding marijuana laws in Bexar County.

Is Weed Consumption for Medical Reasons Legal in Bexar County?

Medical marijuana is legal in Texas under very limited circumstances through the Texas Compassionate Use Program (CUP). Texans with certain medical conditions, such as epilepsy, seizure disorders, spasticity, multiple sclerosis, amyotrophic lateral sclerosis (ALS), incurable neurodegenerative diseases, and terminal cancer, may use low-THC cannabis oil with approval from a certified physician.

Furthermore, the Compassionate Use Program has faced criticism for its narrow scope, as it excludes patients with other qualifying medical conditions that could potentially benefit from medical marijuana.

Conditions such as multiple sclerosis, cancer, chronic pain, and post-traumatic stress disorder (PTSD) are not currently covered by the program, leaving many patients without legal access to cannabis-based treatments.

It’s important to note that even for those who qualify under the Compassionate Use Program, access to medical marijuana is still limited. Only licensed dispensaries are authorized to distribute low-THC cannabis oil to eligible patients, and the overall availability of these dispensaries may be limited in certain areas, including Bexar County.

Advocates for the expansion of medical marijuana access in Texas, including Bexar County, continue to push for broader legislation that would include a wider range of medical conditions and potentially higher THC content in cannabis products.

However, any changes to the legal status of medical marijuana consumption would require legislative action at the state level.

Bexar County Marijuana Possession Law

In Bexar County, Texas, the possession of marijuana, spelled as ‘marihuana’ in the Texas Penal Code, is considered a criminal offense according to Section 481.121 of the Texas Health and Safety Code.

The possession of marijuana is classified into different offenses based on the amount in possession.

Here are the various categories and their corresponding penalties.

  • Two ounces or less: Possessing two ounces or less of marijuana is considered a Class B misdemeanor. This offense can result in a maximum punishment of up to 180 days imprisonment and a fine of no more than $2,000.
  • Between two and four ounces: Possession of marijuana between two and four ounces is classified as a Class A misdemeanor. A conviction for this offense can lead to a maximum sentence of one-year imprisonment and a fine of no more than $4,000.
  • Between four ounces and five pounds: Possessing marijuana between four ounces and five pounds is considered a state jail felony. This offense carries a punishment range of imprisonment between 180 days and two years, along with a fine of no more than $10,000.
  • Between five and 50 pounds: Possession of marijuana between five and 50 pounds is categorized as a third-degree felony. If convicted, the offender may face a prison term ranging from two to 10 years.
  • Between 50 and 2,000 pounds: Possessing marijuana between 50 and 2,000 pounds is considered a second-degree felony. This offense carries a punishment range of imprisonment between two and 20 years, as well as a fine of no more than $10,000.
  • More than 2,000 pounds: Possession of marijuana exceeding 2,000 pounds is considered a very serious offense. It is classified as a first-degree felony, which carries severe penalties. The punishment can range from a prison term of five to 99 years, or even life imprisonment, and a fine of no more than $50,000.

It is important to note that these penalties may vary depending on the circumstances and any prior criminal history. It is advisable to consult legal professionals or refer to the current Texas Penal Code for the most accurate and further information regarding marijuana possession laws in Texas.

Can you grow Cannabis flowers in Bexar County?

No, it is illegal to grow, harvest, or cultivate cannabis leaves or buds in Texas. Although Texas does not have a specific law against growing marijuana, any type of possession is illegal, including growing.

Even though the Texas House of Representatives voted to make changes to the law, weed is still illegal, and it’s still prosecutable to own and grow. State agencies provide no instructions or regulations on how to grow marijuana outside, and home cultivation of recreational or medical cannabis is not allowed in Texas.

Is CBD Oil legal in Bexar County?

In Texas, CBD oil is legal if it contains less than 0.3% THC (tetrahydrocannabinol), which is the psychoactive compound found in cannabis.

The 2018 Farm Bill, a federal law, legalized the cultivation and sale of hemp-derived CBD products containing less than 0.3% THC. This means that CBD oil derived from industrial hemp is generally legal in Bexar County and throughout Texas, as long as it meets the THC requirement.

The bill paved the way for a state industrial hemp program, allowing people to grow industrial hemp with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

While hemp is legal to buy, sell, and possess, the Texas Department of State Health Services bans the processing and manufacturing of smokable hemp within the state.

When recreational weed will be legal in Bexar County?

There is no definitive answer to that since it is based on legislation. In the United States, marijuana legalization has been occurring at the state level rather than the federal level.

Some states have chosen to legalize recreational marijuana for adult use, while others have opted to keep it illegal. It’s important to note that even if a state legalizes recreational marijuana, individual counties within that state might have their own regulations and timelines for implementation.


Hey, I am Richard, a professional lawyer specializing in DUI cases and charges related to possession of marijuana. I have extensive knowledge and experience in these areas, helping me earn a recognition and respect within the legal community. I am also an advocate for drug law reform and actively engages in community outreach and education.

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