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San Antonio, TX Public Conduct: Public Marijuana Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Governing law
Tex. Health & Safety Code 481.121
Two ounces or less
Class B misdemeanor
Cite-and-release since
July 2019, SAPD Gen. Manual 505
Prop A decriminalization
Rejected ~72% in May 2023
Local decriminalization
Preempted by state law

Summary

Marijuana possession stays a state crime in San Antonio: two ounces or less is a Class B misdemeanor under Texas Health and Safety Code 481.121. Since July 2019, SAPD officers may cite and release resident offenders instead of arresting, at their discretion.

Section 481.121 states: "(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..." ... The offenses authorized for cite and release under the enhanced SAPD program is as follows: 1. Class B Possession of Marijuana (0-2 oz.) 2. Class A Possession of Marijuana (2-4 oz.)

View official code

Full Breakdown

San Antonio has no power to legalize or decriminalize marijuana. Texas Local Government Code 370.003 bars any city policy that declines to fully enforce drug laws, and voters crushed the 2023 'Justice Charter' (Prop A), which would have blocked pot arrests, by roughly 72 percent. Possession is prosecuted under state law by the Bexar County District Attorney. What San Antonio runs is a cite-and-release program (SAPD General Manual 505, launched July 2019 under Texas Code of Criminal Procedure Article 14.06): for county residents caught with four ounces or less, an officer may issue a citation with a court date instead of jailing them, but the officer keeps full discretion to arrest.

Violations & Fines

Possession of two ounces or less is a Class B misdemeanor: up to 180 days in county jail and a $2,000 fine. Two to four ounces is a Class A misdemeanor. A cite-and-release citation still means criminal charges.

Frequently Asked Questions

Is marijuana legal in San Antonio?
No. Possession is a criminal offense under Texas Health and Safety Code 481.121. The city cannot legalize or decriminalize it; state law preempts, and voters rejected the 2023 Prop A decriminalization measure.
Will I still be arrested for weed in San Antonio?
Not necessarily. Since July 2019 SAPD officers may cite and release county residents holding four ounces or less, issuing a court date instead of jailing them, but arrest stays at the officer's discretion.
Can I use marijuana in public?
No. Texas has no legal recreational use; public possession or use is the same Class B or A misdemeanor, and a citation still results in criminal charges.

Sources & Official References

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