Although there is no specific statute regarding the legality of marijuana cultivation, its illegality is covered under the statute for possession of marijuana. As it is highly illegal to have certain amounts of marijuana for use in your possession, the process of cultivating marijuana naturally results in illegal possession. It is a misdemeanor to possess small amounts of marijuana, but by and large, most marijuana cultivators will have in their possession a much larger amount of the drug (> 4 oz). With possession of a large amount of marijuana also comes speculation about an attempt to distribute/deliver for personal use. Getting charged as a marijuana cultivator opens up windows and doors on all sides to a slew of varying and enhancing charges based on the standard charge of possession of marijuana. That is why it is extremely important to hire a skilled criminal defense attorney if you have been or expect to be charged with marijuana cultivation via possession charges.
Even though marijuana laws are changing, the punishment for most of them in Texas includes fines and possible prison time. Having quality legal representation is integral to having any meaningful chance at successfully fighting a marijuana charge in court. At The Gonzalez Law Group, our team of experienced lawyers focuses on your case diligently, and we are here to help. Call (832) 530-4070 to schedule an appointment today.
What is Marijuana Cultivation?
When someone is charged with possession of marijuana due to marijuana cultivation, there are a lot of factors that go into calculating what type of charge they receive. Things such as the amount of marijuana seized, the proximity to a Drug-free Zone, and if there was intent to distribute are all factors that are considered when charges are being levied against somebody. One reason why having experienced legal assistance is so key in instances like this is that due to the varying nature of the charges, legal teams need to be able to craft case-specific defenses based on the unique circumstances of each case.
Texas treats drug-related crimes with a very heavy hand, and marijuana cultivation laws are no exception to that rule. Many individuals charged with possession of marijuana due to marijuana cultivation have mistakenly believed that operating a small growing operation for personal use would not be an extremely serious legal issue.
However, if you are arrested for marijuana cultivation, what may merely be a small, personal growing operation can be reflected in the eyes of the law as serious intent to distribute marijuana. There may only be misdemeanor amounts of bud in your possession, but once the entire weight of the plant is tacked on, you are suddenly looking at a felony with more than 5 lbs. In circumstances like this, it is always important to make sure the state-submitted evidence is weighed properly and without gross inflation.
Punishments
The following laws are the penalties for possession (cultivation) of marijuana:
- 2 oz or less – Class B Misdemeanor, up to 180 days in jail, & $2,000 fine
- 2 – 4 oz – Class A Misdemeanor, up to 1 year in jail, & $4,000 fine
- 4 oz – 5 lbs – State Jail Felony, 180 days to 2 years in jail, & $10,000 fine
- 5 – 50 lbs – Felony, 2 years to 10 years in jail, & $10,000 fine
- 50 – 2000 lbs – Felony, 2 to 20 years in jail, & $10,000 fine
- More than 2000 lbs – Felony, 5 to 99 years in jail, $50,000 fine
As marijuana cultivation charges are usually a combination of possession and distribution charges, one of the best defenses rests on proving that you had no intention of distributing marijuana. If this can be proven, an experienced attorney can help make a case for dropping that segment of charges in your case, or at least attempt to have the severity of the charges reduced. A qualified attorney with legal experience in criminal cases involving marijuana may also be capable of ensuring the state-submitted evidence is accurately reported.
Why the Entire Plant Is Weighed in a Cultivation Case
One of the harshest realities of a Texas cultivation case is how the marijuana is weighed. Because cultivation is charged under the possession statute based on total weight, law enforcement weighs the entire plant as seized, not just the usable, dried bud. That can include stalks, leaves, roots, and the water weight of a living plant, all of which add to the total. As a result, even a single plant grown for personal use can be pushed across a felony threshold once the whole plant is placed on the scale.
This is why the weight of the evidence is often a central battleground in a cultivation case. The difference between 4.9 pounds and 5.1 pounds, or between four ounces and slightly less, can change the offense level and the punishment range dramatically. An experienced attorney can request an independent weighing of the evidence and challenge how the state calculated the total, which in some cases can reduce the charge to a lower offense level.
Additional Resources
NORML Texas Laws and Policies on Marijuana– This link goes to a site put together by the organization NORML (National Organization for the Reform of Marijuana Laws) and compiles all of the most useful pieces of information on Texas marijuana laws. You can find most of anything you might need to know about the legal specifics of marijuana cultivation and possession of marijuana on that site.
Chapter 481 of the Texas Health and Safety Code– This is the official website that houses the Texas Health and Safety Code and all of its statutes. You can look at the laws as they are stated to get a frame of reference regarding your case and what exactly it means.
Attorney for Marijuana Cultivation in Houston, TX
Marijuana cultivation charges can be devastating and can affect you and your family’s future. The attorneys at The Gonzalez Law Group are here to help. Our firm prides itself on delivering results and maintaining communication throughout the legal process. Call (832) 530-4070 or contact us online to schedule a free consultation with a marijuana cultivation defense attorney from The Gonzalez Law Group.
