Marijuana, also spelled Marihuana in Texas Law, 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.
In essence, Cultivation of Marijuana means a person is growing or harvesting marijuana.
Texas Health and Safety Code. ?? 481.121. OFFENSE: POSSESSION OF MARIJUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
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.
Cultivation of Marijuana is an offense that Lawyers handle less than Possession. That's because Lawyers tend to see more people casually using marijuana, as opposed to growing. Plus, it's more difficult for law enforcement to detect growing, as opposed to arresting people on the street who also may be carrying 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.
Austin Lawyer regularly deal with drug cases, and Cultivation of marijuana is no exception. A Lawyer could mean the difference between jail or probation, and a lawyer is in the best position to advise you of your rights. A lawyer can study the discovery and argue illegal searches, warrantless searches, and more. Don't go to court without at least speaking with a lawyer. We offer free phone consultations with an austin lawyer, so take advantage of the consultation.
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