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Marijuana Possession Defense Attorneys in San Antonio, TX

Many states have legalized marijuana for medicinal or recreational use. Texas is not one of them. In fact, Texas has one of the strictest drug enforcement policies in the country.

A Former Prosecutor Who Knows How the Other Side Thinks

If you were arrested with a vape pen after a traffic stop, a DWI investigation, or a search near a San Antonio campus, you are probably being charged with far more than you expected. A charge that feels like "a weed thing" is often a state jail felony, and Bexar County prosecutes it that way. The good news: these cases have real weaknesses, and we know where to look.

An Experienced Defense Team Protects Your Rights and Reputation

You could be fined thousands of dollars and face up to 1 year in jail for possessing a single joint or any kind of drug paraphernalia. Other offenses like selling, distribution, or possession of plants can severely increase the penalties against you.

Austin Hagee Law Firm, PLLC, is dedicated to defending individuals in San Antonio who are arrested for marijuana crimes. Whether police arrest you for selling or possessing, we will help you fight back.

When you seek our counsel, you work directly with us — a team of former prosecutors who are focused on safeguarding your future and freedom.

We frequently represent clients in Texas accused of marijuana offenses, including:

  • Possession of marijuana
  • Possession of marijuana paraphernalia
  • Intent to distribute
  • Delivery of marijuana or other drugs
  • Sales, cultivation, and trafficking

To schedule a free consultation to speak with one of our experienced San Antonio marijuana possession attorney, call 210-500-3700 or contact us online.

Penalties for Marijuana Possession in Texas

While many states have eased marijuana restrictions, Texas still embraces draconian drug laws. For mere possession of marijuana, you could face between 180 days in jail and 99 years in prison, depending on the amount you are alleged to possess:

  • 2 oz or less — Possession of 2 oz of marijuana or less is a misdemeanor offense punishable by up to180 days and $2,000 in fines.
  • 2-4 oz — Also a misdemeanor, possession of 2-4 oz carries up to 1 year in jail and $4,000 in fines.
  • 4 oz to 5 lbs — Possessing 4 oz of marijuana or more is a felony offense. If convicted, you face between 180* days and 2 years of incarceration and up to $10,000 in fines.
  • 5-50 lbs — You face between 2* and 10 years imprisonment and up to $10,000 in fines for possessing 5-50 lbs of marijuana.
  • 50-2000 lbs — For possessing 50-2000 lbs of marijuana, the prison sentence increases to 2* to 20 years in prison.
  • More than 2000 lbs — Anyone convicted of possessing more than 2,000 lbs of marijuana in Texas faces between 5* and 99 years in prison and up to $50,000 in fines.

*Indicates a mandatory minimum sentence

If you are arrested for marijuana possession in San Antonio, seek experienced defense counsel immediately. A skilled attorney can move swiftly to protect your rights.

What is a State Jail Felony?

Like the rest of the country, Texas classifies crimes as misdemeanors or felonies. However, the Lone Star state is unique in that it also has a “state jail felony,” which is intended to penalize anyone found in possession of between 1 and 5 pounds of marijuana with a minimum of 180 days in jail and a felony charge on their records.

How a San Antonio Marijuana possession Attorney Can Help Your Case

To prosecute you for marijuana possession, the state must prove that you knowingly or intentionally possessed a quantity of marijuana and that marijuana was illegal and usable.

While you may be nervous about the charges against you, a knowledgeable attorney can help you build a defense to have those charges reduced or dismissed.

Possible marijuana possession defense strategies include:

  • Miranda rights violated — Law enforcement officers are not “cowboys” — they must follow proper protocol. This includes ensuring that you understand and are aware of your Miranda rights. If you can prove that you were not read your rights, the case against you may be dropped.
  • Not yours — Another tactic is to show that the drugs in question were not yours. Maybe you were taking a ride with a friend that had other people in the vehicle at the time of the stop or shortly before you were in the vehicle. If you can establish reasonable doubt that the drugs were yours, you may be able to fight the charges.
  • Police misconduct/planted evidence — While not common, sometimes police misconduct is to blame. If you believe you are the victim of planted evidence or police abuse, seek counsel immediately.
  • Not real marijuana — There are many fake marijuana products that look and smell like cannabis but are in fact legal and not psychoactive.
  • 4th Amendment — The 4th Amendment of the constitution protects citizens for unreasonable searches and seizures by the government. Any evidence they obtain may be thrown out if you can prove that law enforcement performed an unreasonable search. This is also known as “fruit of the poisonous tree” in the legal world.

No two marijuana possession cases are the same. After assessing the strength and facts of your case, our attorneys can help you devise a solid defense strategy.

Not Sure Which of these Defenses Fits Your Case?

A former Bexar County prosecutor can walk you through it on a free, confidential call.

Request a Free Consultation
(210) 500-3700

Available 24/7 for new inquiries

Contact an Aggressive San Antonio Marijuana Possession Attorney

While many states are loosening marijuana restrictions, Texas remains inflexible. If you are arrested for marijuana possession in San Antonio or South Texas, don’t let the prosecution make an example out of you. At Austin Hagee Law Firm, PLLC, we are former prosecutors, and we know the play book being used against you.

Whether you face charges for selling marijuana, possessing a single joint, or driving while intoxicated, we are ready protect your rights and freedom.

Call 210-500-3700 or contact us online to schedule a free consultation to speak to an experienced marijuana defense attorney today. Payment plans are available.

Not Sure Which of These Defenses Fits Your Case?

A former Bexar County prosecutor can walk you through it on a free, confidential call.

Request a Free Consultation
(210) 500-3700

Available 24/7 for new inquiries

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Every client deserves to have their
story told and their rights protected.
Austin Hagee

Real Results: 350+ Cases Dismissed for Our Clients

After more than 350 dismissals, we have learned that the right pressure early changes outcomes. A few examples:

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Past results do not guarantee future outcomes. Every case is different.

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Top-Tier Defense Shouldn't Be Out of Reach

A felony on your record can affect your job, your housing, and your student aid for years. A defense that protects that future should not be out of reach. Austin Hagee Law Firm finances its own clients directly, with flexible payment plans and a low initial payment. You will know your full flat fee in writing before you sign, with no hourly meter and no surprise invoices.

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(210) 500-3700

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Why San Antonio Clients Choose Austin Hagee Law Firm

Austin Hagee Austin Hagee

Meet Austin Hagee, Former Prosecutor and Trial-Tested Defender

Before he defended the accused, Austin Hagee prosecuted them as a felony prosecutor for the Bexar County District Attorney’s Office. A graduate of St. Mary’s University School of Law with honors, he has been recognized by Super Lawyers, the National Trial Lawyers, and others. He keeps his caseload small, prepares every case as if it is going to trial, and takes it there when the State refuses a fair resolution.

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Trial Attorneys

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The Austin Hagee Law Firm team
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What Happens Next

  1. 1

    Free Confidential Call

    Tell us what happened. We will explain what you are actually facing, not the worst-case version in your head.

  2. 2

    Review of Your Evidence

    We examine the stop, the search, the lab work, and the State's weight calculation for every weakness.

  3. 3

    Build Your Defense Strategy

    We map a clear plan: dismissal, reduction, diversion, or trial.

  4. 4

    Bi-Weekly Updates

    Your case never goes quiet. Every two weeks we reach out with where things stand and what comes next, so you are never left wondering.

Start With a Free Consultation

Areas We Serve

Austin Hagee Law Firm is based in San Antonio and defends THC vape and drug charges across Bexar County and the fast-growing counties around it. Wherever your case was filed, we can appear for it.

Greater San Antonio (Bexar County):

our home base, including San Antonio and Alamo Heights.

Surrounding counties and cities we serve:

Comal County (New Braunfels), Guadalupe County (Seguin), Kendall County (Boerne), Hays County (San Marcos), Atascosa County (Pleasanton), and Travis County (Austin).

For the full list of cities and counties, see our areas we serve page. THC vape charges often overlap with our broader drug crime defense and DWI defense, so start with whichever fits your case.

Our Office

120 Austin Hwy #103 San Antonio, TX 78209

See All Areas We Serve
Boerne New Braunfels San Marcos Seguin Atascosa County

Charged With a THC Vape Felony? Talk to a Former Prosecutor Today.

Call (210) 500-3700 or request your free, confidential consultation online. We answer new inquiries 24/7.

    (210) 500-3700

    Available 24/7 for new inquiries