With a general charge of possession of a drug, if the drug is possessed for personal use, then it is graded as a misdemeanor offense. If the district attorney believes that the possession was with the intent to deliver the drug, then the offense is graded as a felony charge. While the “personal use” or “intent to deliver” issue is very important in a felony case of Possession With Intent to Deliver, such a distinction does not matter with a charge of manufacturing. Growing marijuana is considered to be “manufacturing” and is automatically a felony offense. It does not matter if the person was growing marijuana or manufacturing any drug for his or her own personal use. With regard to marijuana, while the number of plants involved can impact the sentence that is imposed by a judge, it does not impact the grading of the offense. Growing any marijuana, even one plant, is a felony offense. If you are charged with any drug offense, you should contact an experienced drug defense lawyer such as State College criminal defense lawyer Jason S. Dunkle.
Marijuana cultivation occurs when an individual grows or harvests leaves or buds from cannabis plants. The individual might use the plants for medical, medicinal, or personal purposes, or sell and distribute the marijuana.
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.
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.
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?
What It Means to Cultivate Marijuana in Texas
The most important thing to remember if you are facing marijuana possession charges is that a criminal conviction is not guaranteed. The prosecution must prove several elements to secure a conviction. If every element is not proven beyond a reasonable doubt, the charges against you can be dropped or reduced. The best way to achieve a positive outcome is to work with an experienced Texas drug crimes lawyer to build a solid defense against your charges.
Cultivation Covered by Texas Laws on Marijuana Possession
About the Author: