Cultivation refers to the act of growing plants and loosening or breaking up soil. Personal cultivation of marijuana has become more widespread as more people have begun to use cannabis for medicinal purposes.
Marijuana remains illegal in Texas, and cultivation of cannabis can carry serious penalties for a person. Cultivation of marijuana frequently occurs in grow houses, which are pieces of property usually dedicated to the production of cannabis.
If you or your loved one were arrested for cultivating marijuana or operating a grow house in Dallas, do not try to explain yourself to authorities without legal representation. You are going to want to find yourself an experienced criminal defense lawyer as soon as possible.
The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or dismissed. Call (940) 222-8004 or contact us online to receive a free consultation.
Texas does not have a specific cultivation criminal offense, so a person arrested for marijuana cultivation is actually charged with possession of marijuana or delivery of marijuana. Possession is usually the more common charge in these cases unless law enforcement has evidence of an alleged offender selling the marijuana. Texas does have state laws relating to the manufacture or delivery of drugs in certain Drug Penalty Groups, but marijuana is not classified under any Drug Penalty Group in Texas.
When a person is charged with possession of marijuana after a cultivation or grow house arrest, the charges will be graded based on the amount of marijuana seized. People could face the following charges for possession of marijuana stemming from alleged cultivation or grow house operation:
● More than 2,000 pounds — First-Degree Felony
Texas Health & Safety § 481.120 establishes that delivery of marijuana charges are graded as follows:
● More than 2,000 pounds — Enhanced First-Degree Felony
Alleged offenders convicted of possession or delivery of marijuana can face possible imprisonment and fines. The possible penalties have the following statutory maximums:
● First-Degree Felony — Up to 99 years or life in prison and/or a fine of up to $50,000
An enhanced first-degree felony is punishable by a minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000.
In July 18, 2019, the Texas Tribune reported that Texas prosecutors began dropping hundreds of marijuana cases and stopped actively pursuing criminal charges because of complications that arose from legalizing hemp. Because state agencies currently do not have the ability to differentiate marijuana from hemp, this could be a possible defense but it may be difficult because the cultivation from hemp involves different techniques than marijuana and it is not currently legal to grow hemp in Texas.
One major defense when a grow house has been raided by law enforcement concerns illegal search and seizure. When police seize cultivated marijuana without a warrant, the evidence they obtain could be suppressed and inadmissible at trial, which could lead to the criminal charges being thrown out.
Compassionate Cultivation: Legal Texas Dispensary — Compassionate Cultivation identifies itself as the leading medical cannabis company and only licensed medical cannabis producer headquartered in Texas. Its mission is “to create the highest quality medicine that changes people’s lives” and its vision is to “transform Texas through the power and the truth of medical cannabis.” Visit this website to learn more about its products as well as information for both patients and physicians.
Cannabis Cultivation Will Be A Race To The Bottom | Forbes — Read this April 2018 Forbes article that discusses the increased interest in cultivating marijuana. Pennsylvania granted 13 cultivation licenses, Florida granted seven cultivation licenses, Ohio granted 12 cultivation licenses, New York granted 10 cultivation licenses, and Colorado granted almost 1,400 cultivation licenses. The article points out that the trend towards large-scale greenhouse and outdoor production is driving prices down in states that do not have strict limits on the number of licenses they grant.
Were you or your loved one arrested for marijuana cultivation in Dallas or a surrounding area of Texas? You need to take the criminal charges seriously and quickly retain legal counsel.
The Law Offices of Richard C. McConathy has years of experience handling all kinds of marijuana charges and helping people achieve the most favorable possible outcomes to their cases. Our firm can help you understand all of your legal options as soon as you call 972-233-5700 or contact us online to schedule a free consultation.