Texas doesn’t have specific cannabis cultivation laws, but it’s still illegal to operate a grow house. People caught growing cannabis are charged with possession which carries heavy penalties. Some of these include thousand-dollar fines and even time behind bars.
Since the District Attorney’s Office is pressure to prosecute marijuana dealers, many law enforcement agencies are constantly on the lookout for grow house operations. Some officers will go undercover and pretend to be a buyer so they can visit the cultivation facility. In some cases, law enforcement will patrol an area for months if they believe a grow house is nearby.
Because of this, it’s imperative you have a strong defense. If you or someone you know has been charged with operating a marijuana grow house, it’s crucial you seek legal representation.
Marijuana Lawyer for Cultivation Charges in Houston, Texas
If you’re struggling with cultivation charges, it’s in your best interest to obtain legal counsel. Hiring an marijuana defense attorney can significantly increase your chances of having your case dismissed or reduced. Contact Tyler Flood & Associates, Inc. now to speak to an experienced attorney today.
The attorneys at Tyler Flood & Associates, Inc. have the experience and knowledge necessary to fight your charges. Schedule a consultation surrounding your charges by calling (713) 224-5529. We accept clients throughout the Harris County area including West University Place, Tomball, Bellaire and Houston.
Overview of Cultivation Charges in Texas
- What’s a Marijuana Grow House Operation?
- Penalties for Cultivating Marijuana in Texas
- How Do Police Find Marijuana Growers?
- Additional Resources
What’s a Marijuana Grow House Operation?
A “grow house” is slang term for property used to illegally cultivate marijuana. Grow houses can appear in many forms. Some cultivation operations are incredibly grand with thousands of plants being cared for at once. These facilities are usually run for large-scale drug operations. Others are smaller functions set up in a person’s backyard or closet for a personal use.
No matter the circumstances, most grow houses are outfitted with extensive hydroponic equipment. The equipment provides humidity and water because cannabis plants require a warmer environment to thrive. It’s common to see multiple air conditioning units or extensive wiring when encountering a cultivation operation. Additionally, many marijuana cultivators tend to use a lot of energy to maintain their grow house.
Penalties for Cultivating Marijuana in Texas
Texas doesn’t have any specific legislation for marijuana cultivation. The state instead charges marijuana cultivators with possession. The penalties for possession depend on the amount of cannabis found in your grow house. Listed below are the penalties for growing marijuana in Texas.
Possessing two ounces or less of cannabis is a class B misdemeanor, which is punishable by:
- Up to 180 days in jail; and
- A fine of up to $2,000
Grow house operations with four ounces or less, but more than two ounces marijuana should expect a class A misdemeanor. The penalties for a class A misdemeanor include:
- Up to 12 months in jail; and
- A fine of up to $4,000
An arrest with five pounds or less, but more than four ounces of cannabis is a state jail felony, which can result in:
- Up to 24 months in state jail; and
- A fine of up to $10,000
Possession of more than five pounds, but less than 50 pounds will be charged with a third-degree felony. The penalties for a third-degree felony include:
- Up to 10 years in prison; and
- A fine of up to $10,000
Those who possess 50 pounds or more, but less than 2,000 pounds of marijuana should expect a second-degree felony, which is punishable by:
- Up to 20 years in prison; and
- A fine of up to $10,000
People who possess more than 2,000 pounds of cannabis will be charged with a first-degree felony. A first-degree felony is one of the highest level of offenses with a minimum of five years and a maximum of life in prison.
How Do Police Find Marijuana Growers?
Law enforcement agencies go to great lengths to find grow house operations. It’s not unusual for the narcotics division of police departments to focus on capturing marijuana cultivators. Typically, they do this through stake outs or by going undercover. Many police officers will also ask questions around the neighborhood to find any suspicious activity.
Listed below are some red flags police look for when finding marijuana grow house operations.
- Multiple A/C units;
- Extensive wiring outside the home;
- Consistent water damage;
- Lack of snow on the roof because of the high temperatures inside;
- High utility bills;
- Constant electrical issues;
- Frequent store visits to buy hydroponic equipment;
- The house is vacant often;
- Unusual garbage such as tubing or nutrient containers;
- Covered windows;
- Odor of cannabis;
- Humming sound coming from the house; and
- Extra security such as fences or dogs
Dispensary License for Medical Marijuana – It’s illegal to grow marijuana in Texas for a recreational purpose. You can, however, create oils and other cannabis products with a dispensary license. 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 dispenser.
Marijuana Laws in Texas – Visit the official website for the Texas Health and Safety Code to learn more about controlled substances such as cannabis. Access the site to learn the penalties for possessing or trafficking cannabis in the state of Texas.
Lawyer for Marijuana Cultivation in Harris County, Texas
If you or someone you know has been charged with cultivating marijuana, it’s imperative you seek trusted legal representation. You will need an attorney to create a strong defense plan. Call Tyler Flood & Associates, Inc. today to speak to a reputable attorney in the Harris County area.
The attorneys at Tyler Flood & Associates, Inc. are passionate about criminal defense. We will utilize all our resources to mount a sturdy defense for you. You can set up a consultation today by calling (713) 224-5529. Tyler Flood & Associates, Inc. represents people throughout the Houston metroplex area including Bellaire, Tomball, and Pasadena.
This article was last updated on March 11th, 2019.