It’s never been easier to grow marijuana (also called cannabis, weed, and pot). Advances in the field of marijuana cultivation have nearly ended outdoor grow operations. A variety of growing mediums and hydroponic technology allow cannabis cultivators to grow indoors with no need for sunlight or dirt. These so-called “grow rooms” can even be partially automated to reduce the amount of manual labor necessary.
While state law allows a handful of qualifying patients who meet extreme medical criteria to receive medical marijuana, recreational marijuana is still illegal. Don’t be deceived by how easy it is to grow weed; these grow rooms can land you in serious trouble. If you’re busted for marijuana cultivation, it’s important that you speak to an experienced marijuana defense attorney immediately.
Defense Attorney for Marijuana Cultivation in Texas
The attorneys at the Law Offices of David Sloane, PLLC have worked on countless marijuana cases ranging from marijuana cultivation to marijuana DWI. Attorney David Sloane is a passionate advocate for the reform of marijuana laws. In fact, he serves as the Public Information Officer for the Dallas chapter of the National Organization for the Reform of Marijuana Laws (NORML).
When your future is on the line, you need a lawyer who will fight to protect your rights. You are presumed innocent until proven guilty, and the Law Offices of David Sloane, PLLC will make every effort to maintain your innocence. Our goal is to get your charges dismissed. When that’s not possible, we will work to negotiate a plea deal to reduce your charges and avoid an expensive trial.
Call (817) 810-0088 or fill out our online contact form to schedule your free consultation today. The Law Offices of David Sloane, PLLC represents clients in and around North Texas, including the counties of Dallas, Denton, Tarrant, Collin, and surrounding communities.
Overview of Marijuana Cultivation in Texas
Marijuana Cultivation Law in Texas
There is no law that specifically outlaws marijuana cultivation in Texas. Marijuana grow operations are charged under Texas’s marijuana possession statute as defined by Texas Health and Safety Code Section 481.121. When law enforcement arrests someone for marijuana cultivation, the individual is charged based on the amount of cannabis plants found in the growing environment at the time of arrest.
That means all of the plants in a grow room (or field) are removed and weighed as-is. Even though marijuana plants are trimmed and dried after harvest, you’ll still be charged for the overall weight of the grow operation. And as the weight increases, so does the severity of the penalties.
Penalties for Cultivating Marijuana in DFW
Since marijuana seized from a grow operation is weighed wet, even one plant could result in felony marijuana charges. The following penalties apply if you’re convicted of cultivating marijuana.
Possession of two or less ounces of marijuana is a class B misdemeanor. Maximum penalties include up to 180 days in jail and a $2,000 fine.
Possession of between two ounces and four or less ounces of marijuana is a class A misdemeanor. Maximum penalties include up to a year in jail and a $4,000 fine.
Possession of between four ounces and five or less pounds of marijuana is a state jail felony. The mandatory minimum jail sentence if convicted is 180 days. Maximum penalties include up to two years in prison and a $10,000 fine.
Possession of between five pounds and fifty pounds or less of marijuana is a third-degree felony. The mandatory minimum prison sentence if convicted is two years. Maximum penalties include up to ten years in prison and a $10,000 fine.
Possession of between 50 pounds and less than 2,000 pounds of marijuana is a second-degree felony. The mandatory minimum prison sentence if convicted is two years. Maximum penalties include up to ten years in prison and a $10,000 fine.
Possession of over 2,000 pounds of marijuana is a felony carrying the most severe possession penalties. The mandatory minimum prison sentence if convicted is five years. Maximum penalties include up to 99 years or life in prison and a $50,000 fine.
If your grow operation has been busted, your best bet is to contact a knowledgeable marijuana defense attorney immediately.
Marijuana Penalties in Texas | Texas NORML – The mission of the Texas chapter of the National Organization for the Reform of Marijuana Laws is to change state laws to allow the legal use of cannabis by adults. Visit this link to view a comprehensive breakdown of Texas marijuana laws and their associated penalties.
Texas Controlled Substances Act – Visit this website to view the full text of the Controlled Substances Act, hosted online by the Texas Legislature. Section 481.121 of this legislation contains the laws concerning possession of marijuana.
Defense Lawyer for Marijuana Cultivation in Texas
Even without any prior convictions, a guilty plea for marijuana cultivation could ruin the rest of your life. You’re looking at a long stay in prison, massive fines, and a criminal record that will follow you wherever you go. The experienced marijuana defense attorneys at the Law Offices of David Sloane, PLLC are prepared to fight to achieve the best possible outcome for you.
Without legal counsel, you risk overlooking a crucial angle of defense that a trained attorney could have identified. An attorney familiar with the the Texas court system, law enforcement, and marijuana law can result in a substantially reduced sentence, if not outright dismissal of your charges.
Call the Law Offices of David Sloane, PLLC at (817) 810-0088 or complete our online form. We offer a free consultation to discuss and evaluate your case. Contact us today to get started.