Clarification of DA Policy regarding Marijuana Prosecution
Since May 16, 2019, it has been and continues to be the policy of the Bexar County D.A.’s Office to refuse prosecution of Possession of Marijuana under 1 ounce.
Individuals that are found to be in Possession of Marijuana between 1 and 4 ounces are potentially eligible for our Cite and Release Program.
The District Attorney’s Office will not, however, file a Possession of Marijuana case with a weight between 1 and 4 ounces without a lab report demonstrating a THC concentration greater than .3%. This has been and continues to be the policy of the District Attorney’s Office since the state's hemp law took effect.
The District Attorney’s Office will accept Possession of Marijuana cases over 4 ounces. However, these cases cannot be indicted without a lab report showing a THC concentration greater than .3%.
This week’s approval by Commissioner’s Court to purchase equipment for the Bexar County Crime Lab will eventually enable the lab to test for THC concentration. The District Attorney’s Office will request that testing initially be limited to felony marijuana cases. Once the lab’s capacity and the ultimate cost to law enforcement of testing become more clear, decisions can be made on the value of testing and prosecuting Possession of Marijuana cases between 1 and 4 ounces.