Are you facing charges for growing marijuana in Texas?

| May 24, 2017 | blog |

Even if you never intended to sell it to someone else, growing marijuana in Texas is a serious offense. You may think that growing your own marijuana isn’t a big issue, but law enforcement and the courts will not agree with that opinion. Unless you just sprouted the seeds, you could very well be facing felony possession charges.

You could also face separate charges for any paraphernalia found by law enforcement. If you have equipment for making butane hash oil, that could carry additional felony charges. Even if you have a serious medical condition, you will likely face the court without being able to raise a medical use defense. Simple possession in the form of growing your own marijuana could end up costing you 20 years of your life or even more, depending on the circumstances.

Texas penalties for cultivation can be harsh

Just because the state of Texas doesn’t have special penalties for cultivation doesn’t mean you won’t face stiff penalties. If you are caught growing marijuana, you’ll be charged with possession. That may not sound like a big deal, but it can be very serious. Law enforcement will base the charges on the total weight of the plants you were growing. They won’t take the time to dry the plants or weigh only the flowers, which are the psychoactive part of the plant. They will most likely weigh your plants wet, with dirt or substrate on the roots adding to the overall weight.

Even the smallest marijuana plant will likely result in felony possession charges. Texas set the cutoff for felony charges at four ounces, and even the smallest plant with leaves and roots developing will probably weigh more than that. For weights between four ounces and five pounds, the felony possession charge will carry between 180 days and two years in jail, as well as a $10,000 fine.

If the weight of the plants was between five and 50 pounds, you’re facing between two and ten years in prison, as well as a $10,000 fine. A cumulative weight of between 50 and 2,000 pounds carries between two and 20 years in prison, as well as a $10,000 fine.

The help of an attorney is critical

You know that the weight of the plants is likely inaccurate, but your attorney could help argue that issue to the courts. The best decision you can make after being arrested for marijuana possession is to speak with an experienced Texas criminal defense attorney as soon as possible. Your attorney can explore options for raising a defense, including hiring experts to contest the weight of the marijuana plants. Depending on your circumstances, a criminal defense lawyer could end up making a major impact in the outcome of your marijuana cultivation case.