San Marcos Marijuana Possession Lawyer

Texas has not legalized recreational marijuana, and Hays County law enforcement is not shy about making arrests. A San Marcos marijuana possession lawyer handles cases that range from small amounts found during a traffic stop on I-35 to more serious possession charges involving quantities that trigger felony thresholds. Where you fall on that spectrum matters enormously, because the difference between a misdemeanor and a felony in Texas drug law is not always as wide as people assume, and the collateral consequences, loss of financial aid, professional licenses, housing eligibility, extend well past whatever happens in court.

San Marcos sits at the intersection of two major highways and is home to Texas State University, which means local police and DPS troopers encounter marijuana-related stops at high rates. Hays County prosecutors do not automatically offer favorable deals just because an amount seems small. The approach your lawyer takes in the days and weeks after an arrest can be the difference between a conviction that follows you permanently and a resolution that keeps your record clean.

At The Law Offices of David C. Hardaway, we give you a straight read on where your case actually stands. No false reassurances, but no catastrophizing either. The goal is to look at the evidence, identify what can be challenged, and find the best available path forward for your specific situation.

What a Marijuana Possession Charge Actually Looks Like in Hays County

Texas law still classifies marijuana separately from other controlled substances, and possession charges are graded by weight. That weight determination happens at the moment of arrest, using whatever law enforcement finds and records. The problem is that the weight calculation can include the weight of packaging or plant material that inflates the actual usable amount, which is one reason to scrutinize the evidence early. Whether a charge is a Class B misdemeanor or climbs into felony territory depends on the number the arrest report reflects, so how that number was arrived at is worth examining closely.

For Texas State students, a marijuana possession charge carries particular urgency. A conviction can disqualify a student from federal financial aid under certain circumstances. It can trigger university conduct proceedings separate from the criminal case. And it can surface on background checks that affect internships, graduate school applications, and early career opportunities. The criminal case and everything downstream from it move on parallel tracks, and an attorney working your case needs to be thinking about both.

Why The Law Offices of David C. Hardaway for Your San Marcos Drug Defense

David Hardaway’s firm is based in downtown San Marcos, blocks from the Hays County courts where your case will be heard. This is not a regional firm that drives in from Austin when a hearing gets scheduled. Familiarity with local prosecutors, local judges, and how Hays County’s criminal courts actually operate day to day shapes how defense strategy gets built. Clients have described the firm’s approach as responsive and direct: one former client noted they were “always able to get ahold of David when needed,” and another described the representation as “hard-working and responsive” on a complex case that ended favorably. Another client highlighted that a case was dismissed rather than settled for a conviction, specifically crediting the team’s investigation and attention to detail.

Drug offense defense in Central Texas benefits from someone who understands both the procedural landscape and the specific evidence issues that arise in marijuana cases. Traffic stop searches, the basis for probable cause, chain of custody for seized material, and lab testing accuracy are all points where the government’s case can have real weaknesses. The firm serves clients throughout Hays County and the broader Central Texas region, including Guadalupe, Caldwell, and Comal Counties, and handles both misdemeanor and felony drug cases with the same level of preparation.

Marijuana Possession Charges and Situations We Handle in San Marcos

• Possession of small amounts (misdemeanor-level): Charges involving amounts classified as misdemeanors under Texas law, commonly arising from traffic stops on I-35, Loop 82, or around the Texas State campus area, where an officer claims to smell marijuana or observes something in plain view.
• Felony possession charges: Amounts that cross statutory weight thresholds and elevate the charge to a state jail felony or higher, which carry significantly longer sentencing ranges and more serious collateral consequences under Texas Health and Safety Code provisions.
• Possession with intent allegations: Situations where law enforcement argues that quantity, packaging, or accompanying items indicate distribution rather than personal use, which transforms the charge and its penalties substantially.
• Vehicle search cases: Stops involving searches of cars, trucks, or other vehicles where the basis for the search, whether it was a valid traffic stop, a lawful consent request, or a proper use of a K-9, is a central issue in whether evidence can be suppressed.
• Student and university-related charges: Cases involving Texas State University students or individuals on or near campus where both criminal and university disciplinary proceedings may run simultaneously, each with separate timelines and consequences.
• Cases involving multiple substances: Arrests where marijuana possession accompanies other drug allegations or paraphernalia charges, which affects how plea negotiations are structured and what outcomes are realistically achievable.
• Charges affecting professional or occupational licenses: Clients holding or pursuing licenses in healthcare, education, law, or other regulated fields where a drug conviction can trigger licensing board review or revocation.

After a Marijuana Arrest in San Marcos: What the Next Few Days Require

The most important thing you can do immediately after an arrest is stop talking. Anything said to law enforcement after a stop or arrest can be used. Politely declining to answer questions beyond basic identification is not obstruction; it is a constitutional right, and exercising it costs you nothing while potentially protecting a great deal. The urge to explain or clarify is understandable, but it rarely helps and often creates problems a defense attorney then has to work around.

Marijuana possession cases in San Marcos are handled in Hays County. Misdemeanor matters go through the Hays County Court at Law, while felony charges are heard in the Hays County District Courts. Both operate out of the Hays County courthouse in San Marcos. After arrest, there will typically be an arraignment where you enter a plea, and depending on the charge level, bail will be set. Do not assume that because an amount seems small, the case will resolve itself quickly or favorably without attention.

Document what you remember about the stop or arrest as soon as possible, including the sequence of events, what you were told, whether you consented to any search, and what officers said about why they stopped or approached you. These details are important for evaluating whether the stop was lawful and whether any search can be challenged. Do not post about the arrest or the circumstances on social media. Even seemingly innocuous posts can complicate a defense.

Contact a San Marcos marijuana possession attorney before your arraignment if possible, and certainly before signing anything or agreeing to any deal. Early intervention gives an attorney the opportunity to review the arresting officer’s report, investigate the stop and search, and identify whether there are grounds for a motion to suppress the evidence before the case proceeds further. Suppression of key evidence can change the outcome of a case entirely.

How Texas Marijuana Cases Resolve and What Your Options Actually Are

There is a meaningful difference between the range of outcomes available in a marijuana possession case and what a prosecutor’s initial offer looks like. The initial offer is not necessarily the best available outcome. In Hays County, like other Texas counties, there are several paths a case can take depending on the defendant’s history, the strength of the evidence, and how effectively the defense has been built.

For first-time offenders, Texas courts sometimes offer deferred adjudication programs. If successfully completed, deferred adjudication allows a defendant to avoid a formal conviction, though it does not automatically seal or expunge the record. Expunction and record sealing are separate processes with their own eligibility requirements under Texas law, and an attorney can advise whether those remedies are available after a case concludes. For clients whose primary concern is their record, understanding exactly what each outcome does and does not do to their criminal history is critical before accepting any deal.

Where the evidence was obtained through a search that lacked proper legal justification, whether because the traffic stop itself was pretextual, because consent was not freely given, or because a K-9 alert did not meet constitutional requirements, a motion to suppress can be filed. If that motion succeeds, the prosecution may have no viable case and charges may be dismissed. This is not a guarantee, but it is a real avenue that should be evaluated in any case involving a search, and many marijuana possession cases do involve a search.

Clients who are not U.S. citizens face additional considerations. A marijuana conviction, even a misdemeanor, can have immigration consequences including adverse effects on visa status, adjustment of status applications, or naturalization. A marijuana possession attorney serving San Marcos who understands the intersection of criminal law and immigration consequences can help ensure those concerns are factored into how a case is resolved.

Questions People Ask About Marijuana Charges in San Marcos

Is marijuana legal in Texas?

No. Texas has not legalized recreational marijuana. Medical cannabis in a limited form exists under the Texas Compassionate Use Program, but it applies to a narrow category of qualifying conditions and products. Possession of marijuana outside of that program remains a criminal offense under Texas law regardless of what neighboring states or the federal government may be doing.

What are the penalties for marijuana possession in Texas?

Penalties are tied to weight. Smaller amounts typically result in misdemeanor charges with potential county jail time and fines. Larger amounts reach felony territory with state prison exposure. The specific ranges depend on the weight recorded at the time of arrest and whether any additional factors, like proximity to a school zone, apply.

Can I get a marijuana charge expunged in Texas?

It depends on how the case resolved. If charges were dismissed or you were found not guilty, expunction may be available. If you completed deferred adjudication, you may be eligible to petition for a record seal (non-disclosure) rather than a full expunction, but eligibility has conditions. A conviction without deferred adjudication generally cannot be expunged. An attorney can review your specific outcome and advise on what relief is realistically available.

The officer said I consented to the search. Do I have any defense?

Consent searches are heavily litigated. Whether consent was truly voluntary, whether it was given under circumstances that made refusal feel impossible, and whether the scope of the search exceeded what was actually consented to are all questions worth examining. Consent obtained through coercion or deception can be challenged, and a court may suppress evidence if the consent was not legally valid.

Will a marijuana conviction affect my financial aid at Texas State?

It can. Federal student aid eligibility can be affected by drug convictions under federal rules. The specific impact depends on the nature of the conviction and whether it occurred while you were receiving aid. Avoiding a conviction, or having a charge resolved through deferred adjudication, may limit or eliminate the financial aid impact. This is one reason students in particular should address these charges immediately rather than waiting to see what happens.

What if a K-9 alerted during a traffic stop on I-35 and that is how the marijuana was found?

K-9 evidence is subject to legal challenge. Officers must have sufficient legal basis to prolong a stop for a K-9 sniff beyond the time needed to complete the original traffic purpose. The dog’s training records, alert history, and certification are also reviewable. A K-9 alert does not automatically justify a search or guarantee that any resulting evidence is admissible.

I was a passenger in the car and marijuana was found. Can I be charged?

Yes. Texas law can support a possession charge against a passenger if the prosecution can establish that the passenger exercised care, custody, or control over the substance. Proximity alone is not sufficient, but the circumstances of where marijuana was found and what the passenger knew or had access to all factor into whether a charge is sustainable. Passengers in these situations have real defenses worth exploring.

How long does a marijuana case take in Hays County courts?

Timelines vary. A misdemeanor case might resolve within a few months if it proceeds to an offer or if there are grounds to dismiss early. Felony cases or cases involving contested motions, like a suppression hearing, take longer. Hays County courts handle a substantial caseload, and the pace of any individual case depends on court scheduling, the complexity of the evidence, and whether the case goes toward trial or negotiated resolution.

Can marijuana charges affect my ability to own a firearm?

Certain drug convictions under federal and state law affect firearm rights. The specifics depend on the level of the charge and how it was resolved. This is another reason the outcome of a marijuana case, not just whether you are convicted but how the case is formally classified, matters beyond the immediate criminal consequences.

Should I accept the first offer the prosecutor makes?

Not without having an attorney review it first. Initial offers do not always reflect what is achievable through negotiation or litigation. The strength of a suppression argument, the completeness of the state’s evidence, your background, and other factors all affect where a case can realistically land. Accepting an offer without fully understanding the record consequences, including what it means for expunction eligibility, can limit your options for years.

Marijuana Defense Representation Across Hays County and Central Texas

The Law Offices of David C. Hardaway represents clients facing marijuana possession charges throughout Hays County and the surrounding region. In Hays County, we regularly work with clients from San Marcos, Kyle, Buda, and the communities along the I-35 corridor between Austin and San Antonio. We also serve clients in New Braunfels and throughout Comal County to the south, as well as Lockhart and the communities of Caldwell County to the east. Guadalupe County clients from Seguin, Schertz, and Cibolo have access to our representation, and State Highway 123 makes the connection between Seguin and our San Marcos office a straightforward drive.

North of Hays County, we handle cases involving clients from the Austin metro, Round Rock, and Williamson County. Our office locations in Fredericksburg and Brenham extend our reach into the Hill Country and Washington County, and we also work with clients from Llano and the Highland Lakes area. Whether you were stopped on I-35 near San Marcos, on FM 150 near Kyle, or anywhere else in this stretch of Central Texas, we can represent you in the courts that have jurisdiction over your case.

Talk to a San Marcos Marijuana Possession Attorney Before Your Next Court Date

A marijuana possession charge does not have to define what comes next. But the window to build a real defense, to challenge the stop, to contest the search, to negotiate from a position of knowledge rather than uncertainty, starts closing from the day of arrest. A San Marcos marijuana possession attorney from The Law Offices of David C. Hardaway will sit down with you, review the facts of your case, and give you an honest picture of your options without the runaround. Contact our office to schedule a confidential consultation.