UPDATE: What Happens if You Get Caught Growing Marijuana in Texas?

 Posted on April 26, 2023 in Criminal Defense

Originally published: May 31, 2022 -- Updated: April 25, 2023

Update: As noted below, people who grow marijuana plants may be charged with drug possession, and they could potentially face serious penalties based on the amount of marijuana in their possession. However, those who cultivate marijuana may also be charged with possession with intent to distribute, especially if other factors indicate that a person intended to sell or deliver marijuana to others.

In some cases, a search conducted by police officers or other state or federal law enforcement officials may find items that could be used to package and distribute drugs to others, such as scales or baggies, or witnesses may state that they observed the person accepting payments in exchange for marijuana. These factors may cause an offense to be elevated from drug possession to drug delivery, and in some cases, a person may even face charges of drug trafficking.

The penalties for drug distribution or possession with intent are more serious than for "simple" drug possession. Under the Texas Controlled Substances Act, a conviction of the offense of "delivery of marihuana" may result in the following penalties:

• 1/4 ounce or less: If a person does not receive money or any other form of compensation in exchange for giving marijuana to someone else, they may face Class B misdemeanor charges. However, if they do receive any form of remuneration, they may be charged with a Class A misdemeanor.
• Between 1/4 ounce and five pounds: State jail felony
• Between five and 50 pounds: Second degree felony
• Between 50 and 2,000 pounds: First degree felony
• More than 2,000 pounds: A sentence of 10 to 99 years or life in prison, as well as a maximum fine of $100,000

Contact Our Collin County Marijuana Distribution Defense Lawyer

If you are facing drug distribution charges related to growing marijuana, you will need to determine the best defense strategy, and you can do so with the help of an attorney.  At The Crowder Law Firm, P.C., our Fort Worth drug crime defense attorneys have decades of experience defending clients against drug charges and other offenses, and we can build a strong case on your behalf and ensure that your rights will be protected. We will aggressively fight for the best possible outcome in your case. Contact us today at 214-544-0061 to schedule a free consultation.

As marijuana continues to be legalized in many states and the idea of legalization becomes increasingly popular in others, it may seem like owning, growing, or selling weed is not a big deal. But, according to Texas state law – and federal law, for that matter – the  possession of marijuana is still very much illegal. Oddly enough, Texas does not have a specific law against growing marijuana, per se; however, because any type of possession is illegal, growing weed even in your own backyard can get you into serious trouble. 

Is Private Marijuana Cultivation Illegal in Texas? 

Growing, cultivating, and harvesting marijuana are all considered forms of possession, whether it is leaves, buds, or entire plants, regardless of whether a person is using marijuana for medicinal or recreational purposes. The only people who can legally possess marijuana in Texas are those who have a medical cannabis card. For everyone else, knowingly possessing marijuana is completely off-limits. 

What are the Consequences for Possessing Marijuana in Texas? 

The seriousness of the charges and the resulting consequences depend on how much marijuana is found in a person’s possession and whether they have a previous criminal history. If a little marijuana is found in your backpack, for example, and you have no previous criminal record, a judge may be more lenient in your sentencing. The law allows penalties for marijuana possession that include: 

• Up to two ounces: Class B misdemeanor, as many as 180 days in jail, and/or a fine of up to $2,000
• Two to four ounces: Class C misdemeanor, as much as one year in jail, and/or a fine of up to $4,000
• Four ounces to five pounds: State jail felony, as many as two years in jail, and/or a fine of up to $10,000
• Five pounds to 50 pounds: Third degree felony, as many as 10 years in prison, and/or a fine of up to $10,000
• 50 pounds to 2,000 pounds: Second degree felony, as many as 10 years in prison, and/or a fine of up to $10,000
• More than 2,000 pounds: First degree felony, up to life in prison, and/or a fine of up to $50,000

The consequences for possessing marijuana are clearly quite harsh. Keep in mind, however, that before you can suffer any punishment for marijuana possession, you must first make a plea deal or be found guilty beyond a reasonable doubt. This is where a great criminal defense attorney can help. 

Contact a Dallas-Fort Worth Criminal Defense Attorney 

Even though marijuana is legal in many states across the U.S., getting caught with marijuana in Texas can still land you in big trouble. If you have been charged with marijuana possession, call a Dallas-Fort Worth criminal defense attorney with The Crowder Law Firm, P.C. right away. We work hard to build an aggressive defense case for every client and have a long history of getting charges lowered or dropped completely. Call us now at 214-544-0061. 

Source: 

https://www.texas.gov/health-services/texas-medical-marijuana/

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm