The penalties for growing marijuana vary in Texas and hinge upon the collective weight of the cannabis plants found.
There are no laws that make cultivating cannabis illegal in Texas, but it is still considered a crime to grow weed. The only exception under state law is for growers of low–THC cannabis that is used explicitly for medical purposes provisioned under the Compassionate Use Act.
If law enforcement has reason to believe you are operating a grow house, a warrant can be requested to search your property and seize evidence. If you are caught growing even small amounts of weed in Texas, the consequences can be life-altering. For this reason, it’s essential to contact a Dallas marijuana lawyer at Peveto Law Office.
For expert legal advice on marijuana cultivation defense, don’t hesitate to call Peveto Law for a confidential consultation, free of charge.
Even though marijuana is legal in other states, you need to remember that you cannot purchase marijuana from these other states and bring it into Texas. Doing so is drug trafficking, and strict penalties apply.
Without mincing words, home cultivation of recreational or medical cannabis is not allowed in Texas. It doesn’t matter your age or status. You can only legally buy medical weed from licensed dispensaries which are only a few in the state. For a list of the best, check out our blog post.
Growing Marijuana in Texas: Is it Legal?
Recreational marijuana is illegal in Texas. However, the Texas legislative house gave room for an exception to what qualifies as marijuana in its House Bill 1325. According to HB 1325, which was signed into law by Gov. Gregg Abbott in 2019, if the tetrahydrocannabinol (THC) concentration in a substance does not exceed 0.3% based on a dry weight basis, then it is considered hemp – possession of hemp is not illegal in the state. Consequently, the possession of any substance other than hemp that contains THC in any amount is unlawful. Such substances include vape pen cartridges, gummies, etc.
In reality, no specific Texas law prohibits the cultivation or growing of marijuana. However, the marijuana laws in Texas regard cultivating or growing marijuana as the crime of possession of marijuana. The law defines cultivation as where an individual knowingly or intentionally possesses a sizable amount of marijuana to grow or cultivate. If you have more questions about cultivation or Texas MMJ, just click here.
Texas At-Home Cannabis Cultivation Laws
Even though the qualifying conditions for medical cannabis in Texas are very restrictive, the age limit is not. There is no age limit for prescription of medical cannabis in Texas, although patients under 18 need a legal guardian. In addition, only patients and their designated primary caregivers can purchase medical marijuana from licensed dispensaries, and the maximum amount you can get from these dispensaries varies based on the physician’s recommended dosage.
A first degree felony may apply for more than 2,000 pounds of marijuana. A conviction can result in five to 99 years or life in prison and/or a fine of up to $50,000.
If the police suspect that you are growing or cultivating marijuana, they can request a warrant to search your property and seize any evidence that can be used against you in court.
Which is how the state criminalizes cultivation without actually writing a specific law for it. So, what does it mean to be charged with marijuana possession in our state?
Even though there are no specific marijuana cultivation laws in Texas at this time, don’t just assume that you can do it without any repercussions. In fact, if you are caught cultivating marijuana, penalties range from up to 180 days in jail and up to $2,000 in fines to life in prison and up to $50,000 in fines.
In Texas, Marijuana Cultivation Penalties Mirror Possession Consequences
A state jail felony may apply for between four ounces and five pounds of marijuana. A conviction can result in 180 days to two years in jail, a fine of up to $10,000, or both.
Some states have legalized the cultivation of marijuana plants for specific purposes. However, at this time, the only cannabis plants growing legally here are in Schulenberg, Texas – for medical marijuana. Any individual or business found growing or cultivating marijuana beyond this one approved source will charged for criminal possession of marijuana plants.
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What It Means to Cultivate Marijuana in Texas
A second degree felony may apply for between 50 pounds and 2,000 pounds of marijuana. A conviction can result in two to 10 years in prison and/or a fine of up to $10,000.
Penalties for marijuana possession offenses vary from misdemeanors to felonies, depending on the amount of marijuana allegedly in possession at the time the individual is arrested. For cultivation, the charges will apply for the total weight of all plants that are found. The penalties vary as described below.