The state of Texas technically doesn’t have any laws banning the cultivation of cannabis. However, that doesn’t mean it’s legal to grow marijuana without any repercussions. In fact, the penalties for growing cannabis in the state of Texas can range from 180 days in jail to up to 99 years in prison. The severity of the penalties will depend on how much cannabis was being cultivated by the offender.
Law enforcement are always on the lookout for grow house operations as they are often the root to drug distribution schemes. It’s common for officers to stake out homes with strange adaptions that could be used for growing cannabis including added fluorescent lights or extra air conditioning units. In some cases, an officer will go undercover and attempt to buy from the cultivation facility in an effort to obtain evidence.
The District Attorney’s Office is constantly under pressure to prosecute cannabis dealers as well as their distributors. They will not hesitate to file charges and if you’re found cultivating marijuana you should expect to face long-lasting consequences. For these reasons and more, we highly encourage you to seek legal representation as soon as possible.
Brownsville Marijuana Cultivation Attorney | Texas Cannabis Grow Houses
Growing or cultivating a marijuana plant(s) in Texas is illegal. If you’ve been arrested and are seeking counsel, look no further than The Gracia Law Firm, P.C. Jonathan Gracia and his excellent legal team have decades of combined experience they can utilize for your case. Plus, Attorney Gracia spent years as both a misdemeanor and felony prosecutor. He understands the ins and outs of the District Attorney’s Office which may be useful when building a formidable defense.
Call The Gracia Law Firm, P.C. today at 956-504-2211 to set up your first consultation free of charge. The Gracia Law Firm, P.C. accepts clients throughout the greater Cameron County and Brownsville, Texas area. We also serve all parts of Hidalgo County and Willacy County, Texas.
- Growing Cannabis in Texas
- Penalties for Growing Marijuana in Texas
- How Do Police Bust Marijuana Grow Houses?
- Additional Resources
Growing Marijuana in Texas
Growing, harvesting, or cultivating cannabis leaves or buds is illegal in the state of Texas. Technically, the offense is considered a crime of possession under state laws. The reason for this is, according to the Texas statutes, cultivation is defined as knowingly or intentionally possessing a sizable amount of marijuana for the purpose of growing or nurturing it.
At this time, the only cannabis plants that are legally grown in Texas can be found in in select Texan cities. Authorized distributors in those cities are permitted to grow cannabis for the sole purpose of harvesting medical marijuana. The cannabis is reserved only to Texas patients who qualify for a card. Any individual or business found cultivating marijuana outside of these genuine medical marijuana distributors will be charged for criminal possession of cannabis.
What Happens If You’re Caught Growing Marijuana?
There may not be any specific legislation for marijuana cultivation, but that doesn’t mean you won’t face consequences for growing cannabis in Texas. You will instead be charged with being in possession of marijuana and the severity of the charges will depend on the amount of cannabis you have at the time of the offense. Listed below are the penalties for growing cannabis in the state of Texas.
2 Ounces or Less
Class B Misdemeanor
Up to 180 days
Up to $2,000
4 Ounces or Less, But More than 2Ounces
Class A Misdemeanor
Up to 12 months
Up to $4,000
5 Pounds or Less, But More Than 4 Ounces
State Jail Felony
Up to 24 months
Up to $10,000
More Than 5 Pounds, But Less Than 50
Up to 10 years
Up to $10,000
50 Pounds or More, But Less Than 2,000
Up to 20 years
Up to $10,000
More than 2,000 Pounds
Minimum of 5 years and a max of 99 years
Up to $10,000
How Do Police Bust Grow Houses?
Over time, law enforcement has put more focus into identifying potential grow houses. Officers tend to go to great lengths to find proof of cultivation and it’s not unusual for a department to have a narcotics division dedicated to finding marijuana grow houses. Officers may go undercover, stake out in front of a possible grow house, and even follow a suspect to see if they purchase growing supplies such as hydroponic equipment.
Listed below are some signs police look for when finding marijuana grow house operations.
- High utility bills
- Consistent water damage to the home
- Multiple air conditioning units
- The house is often empty
- Snow doesn’t collect on the roof because the temperatures are high inside
- Extensive wiring found outside the house
- Store visits to buy hydroponic equipment
- Windows covered by paper or wood
- The odor of marijuana
- Security measures including cameras and fences
- Humming sound around the home
Texas Marijuana Cultivation Laws – Visit the official website for the Texas Health and Safety Code to learn more about cannabis, the cultivation of it, and the penalties for doing so. Access the site to learn the penalties for criminal possession of cannabis, the possible enhancements the court may implement, and other important information related to marijuana grow houses.
Medical Marijuana Growing License– It’s illegal to grow marijuana in Texas for a recreational purpose, but you can cultivate it for medicinal reasons. Visit the official website of the Texas Department of Public Safety (DPS) to learn more about their compassionate use program and how to be licensed as a cultivator in the state of Texas.
Brownsville Lawyer for Growing Marijuana | Marijuana Cultivation Laws in Texas
If you or someone you know has been charged with cultivating or trafficking marijuana, it’s imperative you seek trusted legal representation as soon as possible. You will need an attorney to create a strong defense plan and extensive experience with marijuana/drug cases. The legal team at The Gracia Law Firm, P.C. has that attorney for you. Call today to set up your first consultation with an experienced Cameron County marijuana defense lawyer.
The Gracia Law Firm, P.C. can be reached at 956-504-2211. We will sit with you, comb over every fact in your case, and uncover all your legal options. The Gracia Law Firm, P.C. is located in Brownsville, Texas, but we accept clients throughout the greater Cameron County area as well as Hidalgo County and Willacy County.