CANNABIS & MARIJUANA CULTIVATION

What is it? Marijuana, also spelled Marihuana in Texas, is a species of the Cannabis Plant, Cannibus sativa, that produces a psychoactive chemical compound in Marijuana. Marijuana plants can be cultivated by growing female plants from season to season, awaiting the plant's flowers, which are then dried and smoked.

What makes it illegal? Texas Health and Safety Code. § 481.121. OFFENSE: POSSESSION OF MARIHUANA.  (a)  Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

What are the Punishments? The Texas Health and Safety Code Possession punishes possession of marijuana plants and plant matter of between 1-5 lbs as a state jail felony, punishable by 180 days to 2 years in jail and a fine not more than $10,000. Possession of 5-50 lbs of marijuana plants and cultivation matter brings a third degree Felony, with between 2-10 years in state prison and up to $10,000 in fines. Possession of 50-2,000 lbs of marijuana plants and cultivation matter brings a second degree Felony, with between 2-20 years in state prison and up to $10,000 in fines. More than that can carry up to 99 years of incarceration.

Common Criminal Cases Involving Cultivation of Marijuana: Technology has played a key role in the detection of marijuana grow houses, allowing law enforcement to observe buildings with suspected marijuana grows or cultivations without entering the building or obtaining search warrants. Often times indoor marijuana grows can be detected from the high levels of heat the indoor lighting gives off in one concentrated area. With outdoor marijuana fields, a simple helicopter flyover can detect fields in plain view easily, giving probable cause for law enforcement to obtain a search warrant. For more information on 4th Amendment Search and Seizure laws, in connection with using technology to find marijuana grows and cultivation, check our articles section.

Click here for a list of Drug Sales Sentencing and Punishments (How long can I get in jail for sale of drugs?)

One of the first steps in any criminal case should include seeking help for drug addictions. Getting clean is the only way to
stop the cycle of law and probation violations. Click the link for a list of Travis County Drug Rehabilitation Programs

Marijuana, Marihuana | Cannabis Cultivation | Cocaine | Heroin | Prescription Pills | Opiates
Methamphetamine, Meth | Pipes, Bongs, and Paraphranalia | Drug Rehabiliation Programs

PRACTICE AREAS
DUI & DWI
Robbery
Assault & Battery
Larceny & Theft
Drug Sales
Drug Possession
Sex Crimes
Negligent Homicide
Vehicular Homicide
Arson
Forgery
Computer Crimes
Domestic Violence
Gang Offenses
Other Areas

ATTORNEY PROFILE

LEGAL FAQ's

CRIMINAL PROCESS

LEGAL RESEARCH
Texas Penal Code
Legal Links

COURT INFO
Travis County Courts
Hays County Courts

LEGAL ARTICLES

LAW OFFICE INFO

CONTACT LAWYER