Illegal Cultivation / Grow Houses Defense Lawyer

Cultivation refers to the act of growing plants and loosening or breaking up soil. Personal cultivation of marijuana has become more widespread as more people have begun to use cannabis for medicinal purposes.

Marijuana remains illegal in Texas, and the cultivation of cannabis can carry serious penalties for a person. Cultivation of marijuana frequently occurs in grow houses, which are pieces of property usually dedicated to the production of cannabis.

Illegal Cultivation / Grow Houses Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX

If you or your loved one were arrested for cultivating marijuana or operating a grow house in Dallas, do not try to explain yourself to authorities without legal representation. You are going to want to find yourself an experienced criminal defense lawyer as soon as possible.

Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.

Illegal Cultivation / Grow House Charges in Texas

Texas does not have a specific cultivation criminal offense, so a person arrested for marijuana cultivation is actually charged with possession of marijuana or delivery of marijuana. Possession is usually the more common charge in these cases unless law enforcement has evidence of an alleged offender selling the marijuana. Texas does have state laws relating to the manufacture or delivery of drugs in certain Drug Penalty Groups, but marijuana is not classified under any Drug Penalty Group in Texas.

When a person is charged with possession of marijuana after cultivation or grow house arrest, the charges will be graded based on the amount of marijuana seized. People could face the following charges for possession of marijuana stemming from alleged cultivation or grow house operation:

2 ounces or less — Class B misdemeanor
4 ounces or less but more than 2 ounces — Class A misdemeanor
5 pounds or less but more than 4 ounces — State Jail Felony
50 pounds or less but more than 5 pounds — Third-Degree Felony
2,000 pounds or less but more than 50 pounds — Second-Degree Felony
More than 2,000 pounds — First-Degree Felony

Illegal Cultivation / Grow Houses

Texas Health & Safety § 481.120 establishes that delivery of marijuana charges are graded as follows:

One-quarter ounce or less not for remuneration — Class B misdemeanor
One-quarter ounce or less for remuneration — Class A misdemeanor
5 pounds or less but more than one-quarter ounce — State Jail Felony
50 pounds or less but more than 5 pounds — Second-Degree Felony
2,000 pounds or less but more than 50 pounds — First-Degree Felony
More than 2,000 pounds — Enhanced First-Degree Felony

Illegal Cultivation / Grow House Penalties in Dallas

Alleged offenders convicted of possession or delivery of marijuana can face possible imprisonment and fines. The possible penalties have the following statutory maximums:

Class B misdemeanor — Up to 180 days in jail and/or a fine of up to $2,000
Class A misdemeanor — Up to one year in jail and/or a fine of up to $4,000
State Jail Felony — Up to two years in state jail and/or a fine of up to $10,000
Third-Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000
Second-Degree Felony — Up to 20 years in prison and/or a fine of up to $10,000
First-Degree Felony — Up to 99 years or life in prison and/or a fine of up to $50,000

An enhanced first-degree felony is punishable by a minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000.

Illegal Cultivation / Grow Houses Defenses in Texas

On July 18, 2019, the Texas Tribune reported that Texas prosecutors began dropping hundreds of marijuana cases and stopped actively pursuing criminal charges because of complications that arose from legalizing hemp. Because state agencies currently do not have the ability to differentiate marijuana from hemp, this could be a possible defense but it may be difficult because the cultivation of hemp involves different techniques than marijuana and it is not currently legal to grow hemp in Texas.

One major defense when a grow house has been raided by law enforcement concerns illegal search and seizure. When police seize cultivated marijuana without a warrant, the evidence they obtain could be suppressed and inadmissible at trial, which could lead to the criminal charges being thrown out.

Dallas County Illegal Cultivation / Grow House Resources

Compassionate Cultivation: Legal Texas Dispensary — Compassionate Cultivation identifies itself as the leading medical cannabis company and the only licensed medical cannabis producer headquartered in Texas. Its mission is “to create the highest quality medicine that changes people’s lives” and its vision is to “transform Texas through the power and the truth of medical cannabis.” Visit this website to learn more about its products as well as information for both patients and physicians.

Cannabis Cultivation Will Be A Race To The Bottom | Forbes — Read this April 2018 Forbes article that discusses the increased interest in cultivating marijuana. Pennsylvania granted 13 cultivation licenses, Florida granted seven cultivation licenses, Ohio granted 12 cultivation licenses, New York granted 10 cultivation licenses, and Colorado granted almost 1,400 cultivation licenses. The article points out that the trend towards large-scale greenhouse and outdoor production is driving prices down in states that do not have strict limits on the number of licenses they grant.

Find A Dallas County Defense Attorney for Illegal Cultivation / Grow Houses Attorney | Law Offices of Richard C. McConathy

Were you or your loved one arrested for marijuana cultivation in Dallas or a surrounding area of Texas? You need to take the criminal charges seriously and quickly retain legal counsel.

Illegal Cultivation / Grow Houses