Drug Charge Bail Bonds in San Marcos: Bail for Drug Possession and Other Drug Arrests in Hays County

Drug charge bail bonds in San Marcos start once a Hays County magistrate sets bail, usually within 48 hours of the arrest. In Texas, the drug's penalty group and the amount shape how serious the charge is, and that shapes bail and conditions. Bobcat Bail Bonds can post a surety bond 24 hours a day.

Need help right now? Call (737) 414-0422. Open 24 hours, 7 days a week. Se habla español.

How do drug charge bail bonds in San Marcos work?

After a drug arrest in San Marcos, the person is generally booked into the Hays County Jail and must see a magistrate no later than 48 hours after the arrest. The magistrate sets bail and any conditions, such as drug testing. A licensed bail bond company like Bobcat Bail Bonds can then post a surety bond.

“Drug charge” covers a wide range. It can mean a misdemeanor for a small amount of marijuana, or a first-degree felony for a large amount of a hard drug. Where a charge falls depends mostly on two things: which penalty group the drug is in, and how much of it there was. Both shape bail, the kinds of bond allowed and the conditions that come with release.

This page explains the penalty groups, how the amount changes the charge, the conditions a magistrate can set, and how we post the bond.

Texas drug penalty groups

Texas drug law is the Texas Controlled Substances Act, Chapter 481 of the Health and Safety Code. It sorts controlled substances into penalty groups. The group a drug is in sets the starting point for the charge.

A few examples of what the groups contain:

• Penalty Group 1 includes cocaine, heroin, methamphetamine, and opium and opiates not listed in a lower group.
• Penalty Group 1-B is fentanyl and fentanyl-related opiates, such as carfentanil.
• Penalty Groups 1-A, 2, 2-A, 3 and 4 cover other listed substances, each with its own scale of charges.

Marijuana is not in a numbered penalty group. It has its own section of the law, covered below.

Which group a particular substance falls in is set by the statute’s lists. If you are unsure what the person was charged with, the charge on the booking record or bond paperwork is the place to start.

How the amount changes a possession charge

For possession, the law sets weight bands. The weight is the total weight of the substance, including anything it is mixed or cut with. The heavier the amount, the higher the charge.

Penalty Group 1 possession (Section 481.115)

Section 481.115 covers Penalty Groups 1 and 1-B, with these weight bands:

Other penalty groups

The lower groups start lower. Possession of less than 28 grams of a Penalty Group 3 substance is a Class A misdemeanor. Possession of less than 28 grams of a Penalty Group 4 substance is a Class B misdemeanor. Penalty Group 2 starts as a state jail felony for less than 1 gram. In every group, larger amounts move the charge up into the felony levels.

Possession is only one kind of drug charge. Manufacturing or delivering a controlled substance, or possessing it with intent to deliver, is charged under different sections, and those carry their own, generally higher, levels.

Marijuana possession levels (Section 481.121)

Marijuana possession has its own scale, measured by weight.

A Class B misdemeanor carries up to 180 days in jail and a fine up to $2,000. A Class A misdemeanor carries up to one year in jail and a fine up to $4,000.

Drug-free zones can raise the charge

Section 481.134 raises the level of some drug offenses when they happen in a drug-free zone. The zones include school property, a school bus, and the area within 1,000 feet of a school, a college or university, a youth center or a public playground. The area within 300 feet of a public swimming pool or a video arcade also counts for some offenses.

The effect depends on the offense. For some delivery and manufacturing offenses, the charge moves up one level, for example from a state jail felony to a third-degree felony. For some possession offenses, the law sets a higher level outright. Possession of two ounces or less of marijuana, for instance, becomes a Class A misdemeanor in a drug-free zone instead of Class B. One exception: that particular increase for small misdemeanor amounts does not apply inside a private home when no minor was present.

San Marcos is home to a university and many schools, parks and playgrounds, so this comes up. Whether a zone enhancement applies to a particular arrest is a legal question a bail bond company cannot answer.

Bail, personal bonds and conditions on a drug charge

Texas has no set bail amount for a drug charge. Article 17.15 of the Code of Criminal Procedure tells the magistrate what to weigh. The list includes the nature of the offense and its circumstances, the future safety of the community, the person’s criminal history and past failures to appear, and the person’s ability to make bail. Bail must be enough to give reasonable assurance the person will appear, but it must not be used as an instrument of oppression.

Our guide on how much a bail bond costs in Hays County explains the difference between the bail amount the magistrate sets and the fee a bail bond company charges.

Personal bonds on drug charges

Texas law limits personal bonds for the most serious drug felonies. When a Controlled Substances Act felony is punishable by a minimum term or maximum fine greater than a first-degree felony, only the court where the case is pending may grant a personal bond. The same applies to a person who refuses a requested drug test or tests positive. When a personal bond is granted and there is reason to believe a controlled substance is in the person’s body, or a finding that drug or alcohol abuse is related to the offense, the law says the court or magistrate shall require testing as a condition of the personal bond, if that would reasonably assure the person’s appearance.

In Hays County, pretrial officers at Judicial Services interview people in custody at the jail and make a release recommendation. The magistrate decides.

Drug testing and other conditions

Article 17.44 lets a magistrate require any defendant released on bond to submit to testing on a weekly basis for a controlled substance. It also allows home confinement with electronic monitoring. If the defendant refuses a test, or a test shows a controlled substance, the magistrate may revoke the bond and order the person arrested.

Hays County Judicial Services lists these standard conditions for people under its supervision:

• report to Judicial Services after release
• stay arrest-free
• abstain from alcohol and drug use
• submit to drug testing
• pay any fees the court assesses

The judge decides any added conditions, and the county says bond conditions can only be removed by court order.

What to have ready, and how Bobcat posts the bond

We are a San Marcos company writing bonds across Hays County, and our owner has years of experience as a bail bond agent and runner. The phone is answered day and night, and se habla español.

What to have ready

You can call before you have every answer. These details help us start:

• the person’s full legal name and date of birth
• where they are held (an arrest in San Marcos usually means the Hays County Jail at 1307 Uhland Road)
• the charge as written, including the penalty group or amount if it is shown
• the bail amount, if it has been set
• the name and phone number of the person who will sign
• how you plan to pay: credit and debit cards, Zelle or Venmo

Not sure where the person is held? Our guide to the Hays County Jail inmate search walks through it. The jail’s bond information line is 512-393-7807.

How we post the bond

The process is the same whether the charge is a marijuana misdemeanor or a felony.

1. Call or start online. Call (737) 414-0422, or use our online bail bond application. It asks for optional case details only, never ID or account numbers.

2. We confirm the details. We check the charge, the bail amount and any conditions, and explain what the bond will require.

3. The signer completes the paperwork. The signer is responsible for the defendant making every court date. Read about co-signing a bail bond first.

4. The fee is paid. Bail bond fees are set case by case, and qualified applicants may be eligible for payment plans.

5. We post the bond. The Hays County Jail processes bonds in the order they are received and cannot give a set release time, so we will not promise one.

6. We keep in touch. You can call us with questions about the bond for as long as it is open.

What a bail bond company cannot do

A bail bond company cannot give legal advice, cannot say whether a charge will be reduced or dropped, and cannot change a bond condition. Under Texas law, it may not recommend or suggest a lawyer or law firm to a bond client. Questions about the charge itself are legal questions.

For the full picture of the release process, read how bail bonds work in Hays County. If the drug charge is a felony, our page on felony bail bonds in San Marcos covers more. When you are ready, call (737) 414-0422 or contact Bobcat Bail Bonds.

This page is general information, not legal advice, and it may not fit your situation. Bail law and local procedures change; the sources below show where each fact came from. Bobcat Bail Bonds is a bail bond company, not a law firm. We cannot give legal advice and we do not recommend lawyers.