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marijuana growing laws texas

Marijuana growing laws texas

A man in Denton was recently arrested for growing marijuana on his property. The Sheriff’s Office arrested the man during a drug investigation of his home because law enforcement found six marijuana plants growing at the man’s residence. The man was charged with manufacturing marijuana and was later discovered to have an outstanding warrant from Ohio. Bond was subsequently set for the man and he was placed in the Davidson County Jail. Even if a person does not intend to sell marijuana to someone else, cultivating or growing marijuana in the state of Texas is a serious offense. In many cases, these types of charges can result in a person facing felony charges. Grow houses have been increasing in number throughout both the state of Texas and the nation. Due to these increasing numbers, law enforcement has increased its focus on these investigations. In many cases, law enforcement is known to review electrical and water usage to determine if excessive amounts of marijuana are being grown. In cases where marijuana growth is illegal, a person often needs the assistance of a skilled attorney.

Even though the state of Texas does not have special penalties for cultivation, individuals can still face significant penalties for these charges. These felony charges are established at four ounces and even the smallest marijuana plant is likely to weigh this much. For marijuana between four ounces and five pounds, individuals can expect to face a felony possession charge that will result in 180 days to two years in jail and a $10,000 fine. If the weight of the marijuana plant is between five and 50 pounds, a person can expect to face is two and years in prison and a $10,000 fine. Marijuana that weighs between 50 and 2,000 pounds can result in a person facing two and 20 years in prison and a $10,000 fine.

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How is that possible if there is no actual law here against cultivation? To understand, we first need to define “cultivation” itself.

These types of charges can apply if an individual owns a structure that is used to grow or cultivate marijuana. Typically, marijuana grow houses are outfitted with special lighting and irrigation systems to produce beneficial growing conditions for the plants. The grow house can be a home, building, trailer, shed, greenhouse, or any other outdoor or indoor structure.

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.

In Texas, Marijuana Cultivation Penalties Mirror Possession Consequences

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?

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.

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.

What It Means to Cultivate Marijuana in Texas

A class B misdemeanor may apply for up to two ounces of marijuana. A conviction can result in up to 180 days in jail, a fine of up to $2,000, or both.

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.