Houston Marijuana Cultivation
Possible Penalties in Texas
In Texas if you are arrested for cultivating or growing marijuana then
you will be charged with
possession of marijuana. There is no enhanced penalty for running a marijuana grow-house, or growing
marijuana. The marijuana plants will be weighted to determine the seriousness
of the charge.
A charge for growing marijuana is classified the same way a possession
of marijuana charge is classified and is based on the weight of cannabis
found in the defendant's home or growing on a defendant's property.
The charge can range anywhere from a class B misdemeanor to a first degree
felony depending on the amount of marijuana discovered.
Class B Misdemeanor applies to conviction of defendant charged with possession of two ounces
of cannabis or less. Punishment may include up to 180 days in jail and
a fine not exceeding $2,000.
Class A Misdemeanor is applied to defendants charged with possession of between two and four
ounces of the substance. This offense is punishable by up to one year
in jail and a fine of up to $4,000.
Third Degree Felony charges are issued for defendants convicted of possessing more than four
ounces but less than five pounds of marijuana. The charge carries a sentence
including between two and ten years in prison and a fine of no more than $10,000.
Second Degree Felony applies to conviction of possessing between 50 and 2,000 pounds of marijuana
and is punishable by up to 20 years in prison.
First Degree Felony can be the result of possession of more than 2,000 pounds of cannabis.
Punishment for a first degree felony in Texas may include up to life in prison.
What evidence is necessary for a conviction?
The police typically look for homes or building that are using an excessive
amount of electricity and water, which would be an indication of hydroponic
marijuana grow house operating your neighborhood. Also, there will be
a strong odor coming from a grow house that does not have an effective
ventilation and filtrations system. For this reason, seeking an experienced
Houston drug crime attorney from the firm is essential.
The best attorney for you is an experienced defense lawyer if you have
been charged with growing marijuana. If you have questions about your charges,
consult Mark Morasch, Attorney at Law.