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.

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