Bexar County District Attorney won't prosecute most marijuana cases less than 4 ounces

New law requires state to prove THC concentration

The policy is a result of House Bill 1325, which was signed into law by Gov. Greg Abbott last month and became effective immediately.

SAN ANTONIO – Bexar County District Attorney Joe Gonzales released a statement Wednesday saying his office will not longer accept marijuana cases of 4 ounces or less from local law enforcement unless the marijuana has been lab tested and has a proven THC concentration.

The policy is a result of House Bill 1325 which was signed into law by Gov. Greg Abbott last month and became effective immediately.

The law aims to separate the definition of hemp from marijuana by defining hemp as any part of the Cannabis sativa L. plant with a delta-9 tetrahydrocannabinol (THC) concentration of .3% or less, and marijuana as any part of the plant with a THC concentration greater than .3%.

The law requires laboratory testing to determine the THC concentration.

Gonzales said Bexar County currently cannot meet the testing requirement, but said, "Our office is working diligently to locate a lab that can conduct such testing."

Gonzales said felony cases will be reviewed on a case-by-case basis, and said law enforcement is still allowed, by law, to conduct routine search and seizures and to make potential arrests based on probable cause.

Letter from District Attorney Joe Gonzales and three other district attorneys:

Earlier this week, Bexar County Sheriff Javier Salazar said the new law is creating an issue for law enforcement across Texas.

"All deputies are directed to continue to make arrests, custodial or via cite and release, until further notice," Salazar said.

The San Antonio Police Department issued the following statement on the matter:

“SAPD Officers will continue to use their discretion to cite or arrest for misdemeanor possession of marijuana cases.”

About the Author:

Julie Moreno has worked in local television news for more than 20 years. She came to KSAT as a news producer in 2000. After producing thousands of newscasts, she transitioned to the digital team in 2015. She writes on a wide variety of topics from breaking news to trending stories and manages KSAT’s daily digital content strategy.