Bexar County, TX Public Conduct: Public Marijuana Use (2026)
Key Facts
- Recreational use
- Illegal statewide
- Cite-and-release
- TX CCP Art 14.06
- Officer discretion
- Yes, not mandatory
- Federal land
- Stricter, no exceptions
Summary
Marijuana possession and use remain illegal statewide. Bexar County operates a cite-and-release program for low-level possession under TX Code Crim Proc Article 14.06, but public use can still lead to arrest and prosecution.
Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.(b) An offense under Subsection (a) is:(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and(6) a f
Full Breakdown
Possession of any amount of marijuana is a state crime in Texas. Bexar County and San Antonio implement a cite-and-release program for adult misdemeanor possession of small quantities, allowing officers under Texas Code of Criminal Procedure Article 14.06 to issue a citation and release rather than book the person at jail, at the officers discretion. Cite-and-release does not decriminalize the conduct, and a charge is still filed. Use in public, in vehicles, or near minors increases the likelihood of full arrest. Federal property such as Joint Base San Antonio applies federal law, where any marijuana use is prohibited regardless of state changes.
Violations & Fines
Public marijuana use can result in misdemeanor or felony charges depending on quantity and circumstances, even when cite-and-release is available, plus collateral consequences like driver license suspension.
Frequently Asked Questions
Does cite-and-release mean marijuana is legal in Bexar County?
Can I smoke marijuana in a Bexar County park?
Sources & Official References
Other rules in Bexar County
Texas rules heatmap·Compare Bexar County to another location·View the Texas public conduct overview
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