San Marcos, TX Public Conduct: Public Marijuana Use (2026)
Key Facts
- Citation
- Sec. 54.101–54.106
- Covers
- Class A/B misdemeanor possession only
- Exceptions
- High-priority felony narcotics or violent-felony cases
- Adopted
- Ordinance No. 2022-71, Aug. 16, 2022
- Odor rule
- Marijuana/hemp odor alone isn't probable cause
Summary
San Marcos police are barred from citing or arresting for Class A or B misdemeanor marijuana possession under Sec. 54.101, except in felony narcotics or violent-felony investigations.
San Marcos police officers shall not issue citations or make arrests for class A or class B misdemeanor possession of marijuana offenses, except in the limited circumstances described in subsection (b).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 41).
Full Breakdown
Ordinance No. 2022-71 directs San Marcos police to stop issuing citations or making arrests for Class A or Class B misdemeanor marijuana possession, with narrow exceptions for high-priority felony narcotics investigations or violent-felony cases designated by a police commander or above. Officers who encounter marijuana outside those exceptions may seize it and file a report but must release the person if possession is the only charge. The ordinance separately bars using drug-paraphernalia citations as a workaround, prohibits city funds or personnel from being used for THC concentration testing, and bars police from treating the odor of marijuana or hemp alone as probable cause for a search.
Violations & Fines
San Marcos won't cite or arrest for Class A/B misdemeanor possession under city policy, but state law still applies to felony investigations, and violating officers face internal discipline per Sec. 54.106.
Frequently Asked Questions
Can I be arrested in San Marcos for having marijuana?
Does the smell of marijuana let San Marcos police search me?
Sources & Official References
Other rules in San Marcos
Texas rules heatmap·Compare San Marcos to another location·View the Texas public conduct overview
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