Although there are no laws in Texas that make cannabis cultivation illegal, growing pot is still considered a felony. The lone exception under state law is for cultivators of low-THC cannabis for medical reasons as defined by the Compassionate Use Act.
In Texas, the penalties for producing marijuana vary depending on the total weight of the cannabis plants discovered.
- 2 ounces or less: misdemeanor charge; 180 days in jail; fines of up to $2,000
- 2 to 4 ounces: misdemeanor charge; maximum 1 year in prison; penalties of up to $4,000
- 4 ounces to 5 pounds: felony charge; up to 2 years in prison; up to $10,000 in fines
- 5 to 50 pounds: criminal charge; 2-10 years in prison; fines of up to $10,000
- 50-2,000 pounds: felony charge; 2-20 years in prison; fine of up to $10,000
- Over 2,000 pounds: criminal offense; 5-99 years in jail; penalties of up to $50,000
If law enforcement suspects you are running a grow house, a warrant can be obtained to search your property and take evidence. If you are discovered cultivating even little amounts of marijuana in Texas, the penalties can be severe.
What defenses may be used for the manufacture or delivery of a controlled substance?
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What defenses are available for manufacturing or delivering a controlled substance?
Texas criminal attorneys have successfully defended someone accused of manufacturing or delivering prohibited narcotics using a variety of strategies, including:
- The delivery person’s state ID is being challenged. (Was the identified individual you?)
- Dispute the reliability of informants (Did the individual making the charge have a motive?)
- Contesting the reasoning behind the search warrant affidavit (Was there justification for the search and seizure?)
- Objecting to the legality of police searches (Did investigators infringe on your Fourth Amendment rights?)
Even if you are caught red-handed, you can use our legal experience to argue for mercy and a reduction in your sentence. We may try to prove that your drug possession was for personal consumption rather than with the intent to sell. We may argue that a child was not in your presence or implicated in your drug charges in any manner. If you are suspected of selling a chemical used in the creation of drugs, we may try to show that the substance has another application. Can you establish you intended to produce meth with ammonia hydroxide? Perhaps you used it to clean or to make textiles, fertilizer, rubber, or plastics.
