R. Todd Bennett, P.C.
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What to do when facing marijuana cultivation charges

Many people who cultivate, or grow, marijuana in their home or another facility do so to treat a medical condition. In some cases, that condition could be a severe health issue, like childhood epilepsy in one of their children. In others, the person growing the marijuana is the one with the medical condition. Unfortunately, the state of Texas has highly restrictive rules on the use of medical marijuana, and the average marijuana plant will have too much THC to be considered medicinal under state law.

Even if the marijuana was grown for personal use, there can be dire consequences to a marijuana cultivation charge. If you or someone you love is facing charges for cultivation of marijuana in Texas, there are serious consequences. That means you need to take the charges as seriously as the state will and seek assistance and advice from an experienced criminal defense attorney as soon as possible.

Texas doesn't have separate punishments for cultivation

The state of Texas does not differentiate from possession of marijuana and its cultivation. In some regards, this means that those who grow marijuana face less strict punishments than in other states that punish cultivation separately. Unfortunately, Texas has very strict possession laws, with anything over four ounces of marijuana considered a felony. Since many times the weight of plants is determined by their wet weight, which may also include some growing medium, even a single plant is likely to result in felony charges. There are fines and a minimum of 180 days in jail for those convicted.

Consequences for marijuana cultivation in Texas could be steep

For those in possession of over four ounces but under five pounds, their charges could result in between six months and two years in jail, as well as a $10,000 fine. For those found to be in possession of marijuana weighing between five and fifty pounds, the consequences go up. The charge is still a felony, and it carries a two-year mandatory minimum, but as many as ten years of incarceration, as well as a $10,000 fine. A marijuana grow operation with a half dozen plants could result in the loss of years of your life. Don't risk losing a decade by using a public defender! Seek an experienced defense attorney.

A criminal defense attorney can make all the difference

Speaking with a criminal defense attorney with experience in marijuana cases can help improve the outcome of your marijuana cultivation case. An attorney will be able to review all of the details of your situation and advise you on the best form of defense. Perhaps law enforcement violated policies during the raid or arrest. Maybe some of the evidence won't be admissible for the trial. An attorney who understands how Texas handles marijuana cases can help create the strongest, most proactive defense for your case.

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