Will You Go to Jail if You Get Busted for Growing One Plant in Texas?

 Posted on June 18, 2024 in Criminal Defense

Marijuana laws across the nation have changed dramatically over the past decade or so. Currently, there are:

• 25 states where marijuana is fully legal

• 13 states that have legalized marijuana only for medical use  

• Four states where marijuana is fully illegal

• Two states where marijuana has been decriminalized

• Seven states that have legalized CBD with THC only.

The state of Texas falls in the last category as one whose laws have legalized only CBD with THC. This means that marijuana laws remain in place, making it illegal to possess, distribute, or traffic the drug. These laws are generally severe and could result in jail or prison time, even for small amounts of marijuana.

Should you find yourself on the wrong end of the law with marijuana charges hanging over your head, it is time to contact a criminal defense attorney with significant experience defending drug crimes. You may be overwhelmed and unsure of how to protect your future. A strong, compassionate lawyer guiding you through the process can significantly affect the outcome.   

What Are the Laws Governing Marijuana in Collin County?

While the federal government has plans to move marijuana from the Schedule 1 category to the Schedule 3 category, marijuana remains a Schedule 1 drug in Texas—a drug with a high risk of abuse. There is no specific “cultivation” offense in the state, so if you are arrested for growing a marijuana plant, you could be charged with either possession of marijuana or delivery of marijuana.

Even without a specific law prohibiting the cultivation of marijuana, it is illegal, and the consequences are serious. The penalties for growing cannabis can range from 180 days in jail up to 99 years in prison, depending on how much is being grown. Texas law enforcement officers actively look for grow house operations. 

Officers may stake out homes that appear to have added fluorescent lights or extra air conditioning units. They will also look for extensive wiring outside the house, windows covered by paper, security measures like cameras and electric fences, or an owner who has purchased large amounts of hydroponic equipment. 

Can Growing One Marijuana Plant Result in Jail Time?

An undercover police officer may attempt to buy from a suspected cultivation facility to obtain evidence for prosecution. Possession of a single marijuana plant could even result in jail time. If you are charged under possession laws in Plano, if your single plant translates into 2-4 ounces of marijuana, you could face misdemeanor charges with the potential of up to one year in jail and a fine as large as $4,000.

If the single plant translates into four ounces to five pounds of marijuana, you could face state jail felony charges with a potential of 180 days to two years in prison, and a fine as large as $10,000. The “average” single marijuana plant produces about 32 ounces of “wet” weed, which is about 6.4 ounces of dried buds.

Contact a Collin County Criminal Defense Attorney

Growing marijuana is illegal—even a single plant. If you have been arrested for cultivating marijuana, you must contact a Plano, TX criminal defense attorney. The Crowder Law Firm, P.C. has more than 20 years of experience and can guide you through the judicial process, helping you obtain the best outcome possible. For knowledgeable, aggressive legal representation call 214-544-0061 today.