San Antonio, TX Drug Crimes Lawyer - Michael & Associates, Attorneys at Law

Michael & Associates has a 100% success rate in San Antonio drug cases in 2025, as measured by our client satisfaction surveys. Our ultimate goal is for every single client to walk away with no lifelong consequences for a one-time mistake.

If you are facing charges for possessing a controlled substance in San Antonio, our team at Michael & Associates has decades of experience and will fight to get you the best possible outcome. Each client is our top priority, and our No. 1 goal is dismissal.

Each of our attorneys is committed to protecting the rights of our clients. Our San Antonio team alone has three former prosecutors and a former judge. These diverse career experiences help us better understand how our opposition will approach your case. We capitalize on this insight when creating a custom approach for each defendant.

But you aren’t just getting access to one attorney. You’re getting the full power of our entire team, with a combined 400+ years of experience. We work together to ensure that you receive the best possible outcome.

In addition to Bexar County, we will help you fight drug charges in Atascosa, Bandera, Comal, Guadalupe, Kendall, Medina, and Wilson counties. Not sure how to get started? Contact us for a free consultation.

San Antonio Drug Possession Laws

The two most common drug offenses in the San Antonio area are marijuana possession and possession of a controlled substance.

Marijuana (also called cannabis, weed, or pot) is one of the most commonly-used drugs in San Antonio, and enforcement between counties can be erratic. The same is true for most any prescription drug. If you’re caught with it – and can’t produce evidence that it was legitimately prescribed – you’ll face serious consequences.

One (legal) hemp-derived gummy can weigh as much as five grams, which would be classified as a state jail felony.

Marijuana Possession

Despite the evolution of marijuana laws in other states, it remains illegal in Texas, and enforcement can be strict.

And though low-potency “hemp-derived” THC products are technically legal (Delta 9 THC is one example), there’s no field testing to determine whether or not the item in your possession is legal. Additionally, the penalties established by Texas Penal Code Chapter 481.12 are assessed by weight, so a single edible can easily be heavy enough to land you with a state jail felony charge, which could include six months to two years in jail.

Until these issues are resolved, you could be arrested for carrying products that you purchased legally. Penalties range from a Class B misdemeanor to a second-degree felony, and all include the potential for jail time.

According to court data, 54% of marijuana cases in Bexar County in 2024 have been resolved. About 90% were dismissed, while 1.5% resulted in a conviction, and another 1.5% received deferred adjudication. The remaining 7% had other outcomes.

Possession of a Controlled Substance

According to Section 481.115 through 481.118 of the state’s health and safety code, an individual is guilty of possession of a controlled substance if they knowingly or intentionally possess any substance categorized in penalty groups 1–4 without a legitimate medical prescription from a licensed professional.

In 2024, 4,202 people were arrested and charged with drug possession in Bexar County. About 64% of those cases have been resolved, and 30% ended with a conviction. About 29% were dismissed, while 16% got deferred adjudication. One person was acquitted. The remaining 25% had other outcomes.

The potential penalties for drug possession in Texas depend on the substance and the amount in your possession, but they can range from a Class B misdemeanor to a first-degree felony. All of these could result in jail time, so your freedom is at stake.

READ MORE: Texas drug laws

Other Drug Crimes in Texas

Texas has several other less-common drug charges, many of which involve manufacturing and/or delivery of controlled substances. We are prepared to defend against all types of drug charges, including:

Manufacture or Delivery of a Substance in Penalty Group 1: Texas Health & Safety §481.112
Manufacture or Delivery of a Substance in Penalty Group 1A: §481.1121
Manufacture of a Substance in Penalty Group 1 in the Presence of a Child: §481.1122
Manufacture or Delivery of a Substance in Penalty Groups 2 or 2A: §481.113
Manufacture or Delivery of a Substance in Penalty Groups 3 or 4: §481.114
Manufacture, Delivery, or Possession of Miscellaneous Substances: §481.119
Marijuana Delivery: §481.120
Delivery of Marijuana or Another Controlled Substance to a Child: §481.122
Possession or Transport of Certain Chemicals with the Intent to Manufacture a Controlled Substance: §481.124
Drug Paraphernalia Delivery: §481.125
Transfer of a Precursor Substance for Unlawful Manufacture: §481.137
Manufacture or Delivery of a Controlled Substance That Causes Death or Serious Bodily Injury: §481.141

San Antonio Drug Crime Penalty Groups

The Texas Controlled Substances Act has assigned each drug to one of four groups, or schedules. Penalties vary based on the classification, substance, and amount. Here are the classifications:

Schedule	Examples	Potential charges (based on volume)
Group 1: No acceptable medical use;high abuse potential (§481.102)	Codeine Cocaine Ecstasy Heroin Opium Oxycodone	State jail felony to first-degree felony
Group 1A	LSD and other hallucinogens	State jail felony to first-degree felony
Group 1B	Fentanyl and derivatives	State jail felony to first-degree felony
Group 2: Some accepted medical uses; high abuse potential (§481.103)	PCP Hashish Psilocin Mescaline	State jail felony to second-degree felony
Group 2A	Synthetic cannabinoids such as K2 and Spice	Class B misdemeanor to second-degree felony
Group 3: Some accepted medical uses; lower abuse potential (§481.104)	Valium Xanax Ketamine Ritalin Opiates not listed in Group 1	Class A misdemeanor to second-degree felony
Group 4 (§481.105)	All opiates and opioids not listed in the other groups and other prescription drugs	Class B misdemeanor to second-degree felony

Source: Texas Health and Safety Code Chapter 481

Potential Penalties for Drug Crimes in San Antonio

The charges you’ll face for drug possession depend on the drug and the amount, but here are the standard penalties:

First-degree felony: 5 to 99 years (or life) in prison, up to $250,000 in fines
Second-degree felony: 2 to 20 years in prison, up to $10,000 in fines
Third-degree felony: 2 to 10 years in prison, up to $10,000 in fines
State jail felony: 180 days to 2 years in jail, up to $10,000 in fines
Class A misdemeanor: Up to 1 year in jail, up to $4,000 in fines
Class B misdemeanor: Up to 180 days in jail, up to $2,000 in fines
Class C misdemeanor: Fine of up to $500

Potential Drug Crime Defenses

If police pull you over and find drugs in your vehicle, the law assumes they belong to you — even if you didn’t know they were there. That’s why much of our defense strategy focuses on the arrest itself.

We’ll examine:

What were the circumstances?
Did police have probable cause?
Are you accused of actual or constructive possession?
What drugs were found?
Did the police follow procedure?
Do you have a prior drug history?
Is the police report accurate?
Was drug paraphernalia involved?
Was there an illegal search and seizure?

If you were carrying legally prescribed medication, we will bring that to light as well.

Tough Negotiators – With Compassion

At Michael & Associates, we believe everyone deserves the strongest possible drug defense.

We treat our clients like people, not case numbers. We know people make mistakes—and we fight hard for second chances.

That includes negotiating aggressively for reduced charges and dismissals.

Our San Antonio team includes three former prosecutors, a former judge, and an attorney fluent in Spanish. The variety in perspectives helps us anticipate how prosecutors will build their case and respond with precision. We even have an ex-FBI agent on staff.

We fight fiercely for each client, because we know a single mistake shouldn’t define your life.

Real Case. Real Results.

For instance, we recently helped a college student caught with a small amount of marijuana in Comal County — an area known for strict drug enforcement. This student, who was on the dean’s list, could have ended up with a lifelong criminal record. Instead, we negotiated an upfront dismissal: no active case, no conviction, no probation. The charges will not be refiled as long as the client stays out of trouble.

This is what we fight for — no conviction, no probation, and no permanent consequences.

Drug Counseling Resources in San Antonio

The following local organizations offer inpatient and/or outpatient addiction counseling services:

Alpha Home
419 E Magnolia Ave, San Antonio, TX 78212
(210) 735-3822
https://www.alphahome.org
Lifetime Recovery
10290 Southton Rd, San Antonio, TX 78223
(210) 734-6362
https://www.lifetimerecoverytx.org
Rise Recovery
2803 Mossrock, San Antonio, TX 78230
(210) 227-2634
https://www.riserecovery.org

Frequently Asked Questions about Drug Crimes in San Antonio

Are There Any Paths to Dismissal of Drug Possession Charges?

Yes, we can attempt to get drug possession charges dismissed in several ways. We can get you enrolled in a pretrial diversion program. First-time offenders who successfully complete a pretrial diversion program will have their charges dismissed and may later be eligible to have their record sealed or expunged.

Requirements could include:

Participation in drug education classes
Agreeing to complete random drug testing
Community service
Participation in counseling or treatment

What Is the Difference Between Actual and Constructive Possession?

Active possession means someone has direct physical control over the drugs in question. You’re knowingly carrying or holding the substance. For example, if drugs are found in your pocket, backpack, or hand, it would be considered active possession.

Constructive possession means the drugs are not physically on you, but you still have the power and intent to control them. Prosecutors must be able to prove that you knew the drugs were present and that you had control (or the right to control) of the location or container where they were found. For example, if drugs are found in your car, home, or locker, and the evidence shows you knew they were there and had access to them, you could be charged under constructive possession.
In Texas, either type of possession can result in criminal charges.

What Should I Do If I’m Arrested for Drug Possession in San Antonio?

If you’re arrested for drug possession in Bexar County, you need to take steps to protect yourself immediately. Contact an attorney as soon as possible. In the meantime, exercise your right to remain silent. Don’t answer police questions – no matter how innocuous they may seem – until your attorney is present. Don’t try to handle the situation on your own.

How Does a Drug Possession Conviction Affect My Life?

Any drug possession conviction could potentially impact many aspects of your personal life. It leaves you with a permanent criminal record that shows up on background checks. This can make it tougher to get hired, particularly in fields that require licenses or security clearance. You may lose eligibility for certain professional licenses, federal jobs, or financial aid for education. Landlords may deny rental applications, and public housing programs often restrict access for individuals with drug convictions. You could also lose child custody or visitation rights.

Beyond employment and housing, a conviction can lead to a suspension of your driver’s license and the loss of gun rights, especially in felony cases, where federal law imposes a lifetime firearm ban. It can also affect your right to vote or serve on a jury during and shortly after your sentence. If you aren’t a U.S. citizen, a conviction can carry severe immigration consequences, including deportation or denial of citizenship.

Can I Have a Drug Possession Charge Expunged in Texas?

While Texas offers a few options for record sealing or expungement, they are limited and typically not available to those with a felony conviction. However, completing a pretrial diversion program could help avoid a conviction entirely.

More Bexar County Resources

How to get someone out of jail in Bexar County

How much is bail in Bexar County?

Bexar County warrant search: How to find out if you have one

How to visit an inmate in Bexar County

Call for free case review

Ben Michael

Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.

Michael&Associates

Drug Possession Attorney in San Antonio, TX