Dallas Marijuana Cultivation Defense Lawyer

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Dallas Criminal Defense Lawyer>Dallas Marijuana Cultivation Defense Lawyer

Marijuana cultivation in the Dallas / Fort Worth metroplex can occur if an individual grows or harvests Cannabis plants or the buds of the plant for any purpose, including medical or medicinal purposes, personal use, or for selling or distributing marijuana. Although some states allow for individuals to grow marijuana plants, Texas has not yet legalized marijuana cultivation or grow houses for any purpose, and a conviction for this criminal offense can result in serious penalties.

If you have been charged with growing or cultivating cannabis, marihuana, or marijuana plants, you do not necessarily have to face a criminal conviction. The state prosecutor is required to prove you committed every element of the marijuana offense beyond a reasonable doubt. This can be very a difficult burden to meet, and even the slightest doubt in the mind of the judge or jury can result in a reduction or dismissal of the charges against you. Therefore, it is imperative to hire an experienced marijuana defense lawyer who will make every effort to create your best legal defense.

Marijuana Cultivation Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX

If you have been charged with growing marijuana or operating a grow house, contact the Law Offices of Richard C. McConathy today at (972) 597-2037 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.

Marijuana Cultivation in Dallas

Marijuana cultivation or growing marijuana is considered a marijuana possession offense under Texas law. According to the Texas Health and Safety Code § 481.121, marihuana cultivation can occur if an individual knowingly or intentionally possesses a useable amount of marihuana for the purpose of growing or cultivating. Marijuana or marihuana is also commonly known as hemp, pot, weed, hydro, mary jane, chronic, bud, cannabis, or ganja.

Dallas Marijuana Grow Houses

An individual can be charged with marijuana cultivation if they are the owner of a house or occupy a house that is used to grow or cultivate marijuana. A marijuana grow house is specifically used to cultivate marijuana or marijuana plants. Grow houses often consist of irrigation systems, lighting systems, and electrical wiring in an attempt to replicate the climate and conditions of the marijuana plant’s natural habitat.

Grow houses can be any type of indoor or outdoor structure, including homes, buildings, structures, greenhouses, trailers, and sheds.

If any law enforcement officers suspect a structure or building is being used as a grow house, they can obtain a warrant to search the property and seize any evidence based on even the smallest observations, such as the smell or odor of marijuana, an explosion for faulty electrical wiring, or the presence of mass quantities of fertilizer or certain types of landscaping equipment.

Dallas Penalties for Marijuana Cultivation

Chapter 12 of the Texas Penal Code lists the penalties for marijuana cultivation offenses, which can result in a misdemeanor or felony conviction, depending on the amount of marijuana or cannabis plants in the alleged offender's possession at the time of the arrest. Punishments for a marijuana cultivation conviction are listed below.

Criminal charges for marijuana cultivation can result in a Class B misdemeanor conviction if the alleged offender possessed two ounces or less of marijuana. This degree of offense can result in a jail sentence up to 180 days and/or a fine up to $2,000.

Criminal charges for marijuana cultivation can result in a class A misdemeanor conviction if the alleged offender possessed four ounces or less of marijuana, but more than two ounces. This degree of offense can result in a jail sentence up to one year and/or a fine up to $4,000.

Criminal charges for marijuana cultivation can result in a state jail felony conviction if the alleged offender possessed five pounds or less of marijuana, but more than four ounces. This degree of offense can result in a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.

Criminal charges for marijuana cultivation can result in a felony of the third-degree conviction if the alleged offender possessed more than five pounds of marijuana, but 50 pounds or less. This degree of offense can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.

Criminal charges for marijuana cultivation can result in a felony of the second-degree conviction if the alleged offender possessed 50 pounds or more of marijuana, but less than 2,000 pounds. This degree of offense can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.

Criminal charges for marijuana cultivation can result in a felony of the first-degree conviction if the alleged offender possessed 2,000 pounds or more of marijuana. This degree of offense can result in a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $50,000.

Marijuana FAQ

Is marijuana illegal in Texas?

Yes, marijuana remains illegal in Texas, although a law legalizing hemp in 2019 led to marijuana prosecutions in Texas plummeting by more than half in the six months after the law was enacted. While many police departments lack the equipment needed to determine the tetrahydrocannabinol (THC) content in alleged marijuana to distinguish it from hemp, it remains likely that law enforcement will continue to arrest individuals for alleged marijuana possession offenses.

What penalties could I face for marijuana use, possession, trafficking, or sale?

The possible disciplinary measures of a court in a marijuana case will depend on multiple factors, largely the amount of marijuana that was allegedly possessed. A person’s prior criminal record could also impact penalties in marijuana cases. In general, the most common kinds of penalties are usually fines and imprisonment, but additional penalties could include driver’s license suspensions and other punishments.

Under Texas law, what are the factors that can lead to an arrest?

Police officers can arrest individuals who they believe were in knowing possession of marijuana, and possession may be actual or constructive. Actual possession is when marijuana is found on the person of an individual, whether it is in their pocket or their hands. Constructive possession means that a person could be accused of possession when marijuana is found in an area accessible to multiple people.

How will a marijuana arrest affect my life?

The record of the arrest could be public and be available to many people who perform background checks. While an arrest is not the same as a conviction, it can still appear on a criminal record and have possible negative complications for employment applications or college-related efforts.

What are some of the most effective defenses to a marijuana arrest?

Many marijuana cases are thrown out when police officers violate the rights of alleged offenders in their encounters with them. An unlawful search and seizure is one of the most common defenses against any drug charge because when police seize evidence unlawfully, it is prohibited from being used as evidence by a prosecutor and they are subsequently left without anything to pursue a case with.

What can a Dallas criminal defense attorney do to defend my case?

A lawyer is immediately going to be able to conduct their own investigation into the arrest and determine the strongest possible defenses in your case. The attorney will know what kinds of evidence to seek out and how to use certain elements to your advantage. When you have a lawyer, they will also be more comfortable negotiating with a prosecutor to achieve a reduction in or dismissal of criminal charges.

If my case goes to court, what are the factors that can lead to an acquittal or “not guilty” verdict?

A prosecutor must prove your guilt for any marijuana crime beyond a reasonable doubt, which is an exceptionally high bar to satisfy. You can achieve a not guilty verdict by simply giving a jury enough reason to doubt any element of a prosecutor’s case. An acquittal can be achieved through a dedicated effort to attack every element of the case against you.

Instead of jail or prison time, what other possible penalties could I receive after being charged with a marijuana-related crime?

Community service is one of the most common kinds of punishments for alleged offenders instead of prison sentences. It is also possible that a person could be sentenced to a term of probation in which they have to check in regularly with a probation officer. Court-ordered participation in a drug treatment program could also be possible in some cases.

Will I lose my job if I am convicted of a marijuana crime?

Your employment situation will depend on how aggressively your employer enforces drug convictions. Some employers may have no tolerance for these kinds of issues and could terminate you just for an arrest, but other employers may not conduct any kind of background check needed to uncover the violation.

Can I be kicked out of college for a marijuana conviction?

The answer will again depend on the school, as some colleges vigorously enforce their codes of conduct while others are far more lenient. Suspensions and expulsions are possible in some cases.

Will a marijuana conviction impact my ability to rent an apartment?

It may. Landlords run background checks on most prospective tenants in Texas, and a marijuana conviction could indeed be used as a reason to deny a person the opportunity to rent an apartment.

Find A Dallas County Defense Attorney for Marijuana Cultivation Charges | Law Offices of Richard C. McConathy

Contact the Law Offices of Richard C. McConathy today at (972) 597-2037 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.