Charges for Growing Marijuana in the State of Texas
A man in Denton was recently arrested for growing marijuana on his property. The Sheriff’s Office arrested the man during a drug investigation of his home because law enforcement found six marijuana plants growing at the man’s residence. The man was charged with manufacturing marijuana and was later discovered to have an outstanding warrant from Ohio. Bond was subsequently set for the man and he was placed in the Davidson County Jail. Even if a person does not intend to sell marijuana to someone else, cultivating or growing marijuana in the state of Texas is a serious offense. In many cases, these types of charges can result in a person facing felony charges. Grow houses have been increasing in number throughout both the state of Texas and the nation. Due to these increasing numbers, law enforcement has increased its focus on these investigations. In many cases, law enforcement is known to review electrical and water usage to determine if excessive amounts of marijuana are being grown. In cases where marijuana growth is illegal, a person often needs the assistance of a skilled attorney.
The Signs of Marijuana Operations
There are various signs of marijuana operations. Some signs of outdoor marijuana operations include camouflage netting, excessive security measures in remote areas, garden hoses, large amount of fertilizer, or PVC pipe. Some signs of indoor marijuana operations include covered windows, excessive amounts of fertilizer, large amounts of fertilizer, loud humming sounds, and unusually strong odors.
Penalties a Person can Face for a Cultivating Marijuana Charge
Even though the state of Texas does not have special penalties for cultivation, individuals can still face significant penalties for these charges. These felony charges are established at four ounces and even the smallest marijuana plant is likely to weigh this much. For marijuana between four ounces and five pounds, individuals can expect to face a felony possession charge that will result in 180 days to two years in jail and a $10,000 fine. If the weight of the marijuana plant is between five and 50 pounds, a person can expect to face is two and years in prison and a $10,000 fine. Marijuana that weighs between 50 and 2,000 pounds can result in a person facing two and 20 years in prison and a $10,000 fine.
Obtain the Assistance of a Strong Criminal Defense Lawyer
If you or a loved one is charged with a crime in Denton, contact a talented criminal defense attorney who will fight to make sure that you reach the best possible outcome. There are various defenses that our law enforcement can help raise including determinations of how law enforcement became aware of the use of grow lights, whether the home was owned by another person, whether reviewing a person’s electrical bill was legal, whether someone else had access to the house, and whether a valid search warrant was obtained before entering the home. A skilled attorney can help create a strong legal strategy and will hire experts to argue the weight of marijuana involved. Do not hesitate to contact an attorney at Wheeler Law Office today.A man in Denton was recently arrested for growing marijuana on his property. The Sheriff’s Office arrested the man during a drug investigation of his home because law enforcement found six marijuana plants growing at the man’s residence. The man was charged with manufacturing marijuana and was later discovered to have an outstanding warrant from Ohio. Bond was subsequently set for the man and he was placed in the Davidson County Jail. Even if a person does not intend to sell marijuana to someone else, cultivating or growing marijuana in the state of Texas is a serious offense. In many cases, these types of charges can result in a person facing felony charges. Grow houses have been increasing in number throughout both the state of Texas and the nation. Due to these increasing numbers, law enforcement has increased its focus on these investigations. In many cases, law enforcement is known to review electrical and water usage to determine if excessive amounts of marijuana are being grown. In cases where marijuana growth is illegal, a person often needs the assistance of a skilled attorney. The Signs of Marijuana Operations
Cultivation / Grow Houses
Marijuana has become a generally accepted part of our society in recent years, with substantial numbers of individuals using the plant for either medical or recreational use. There has yet to be a death related specifically to marijuana and the use of the substance has, up to this point, proven to have negligible effects on your health.
Even so, state and federal laws have lagged behind public opinion and continue to uphold an extremely punitive stance for those found to be in possession. Texas has some of the most stringent laws concerning illicit substances and continues to prosecute and jail individuals at an alarming rate.
This aggressive stance towards marijuana is especially the case regarding the cultivation of the plant. If you are found to have been connected to a grow house or cultivation operation, the penalties will quickly become more severe. This can lead to extensive jail terms and costly fines if convicted.
To protect yourself from the negative ramifications that could result in a guilty verdict, it is important that you have legal counsel guiding you through this difficult and complicated criminal process. Law enforcement and the broader justice system will not pay you any favors, so covering your bases and working with a criminal defense attorney who can effectively articulate your argument and refute the claims against you, is of paramount importance.
Houston Marijuana Cultivation Attorney
Considering the punitive stance on marijuana cultivation and possession in the state of Texas, the defense of your name and freedom is vital in allowing you to move on with your life. Matt Horak, an experienced Texas marijuana defense attorney can take the reins and provide effective and professional legal counsel during an understandably difficult and stressful period of time.
His firm is a full-service practice that handles every aspect of your case, from the gathering of evidence to arguing your side of the story in court. This comprehensive representation allows Matt to gain a full understanding of your case, enabling him to leave no questions unanswered. This will translate into a defense that is difficult to crack by the prosecution, while at the same time giving Matt the opportunity to refute the allegations, line by line.
He also strongly emphasizes the protection of individual’s rights, so you should confidently know that, as a client of Matt Horak, you will always be given a fair and just opportunity to argue your case. The justice system and law enforcement continually overstretch their authority, and Matt will make certain this potential abuse of power is rooted out from the outset so that the criminal procedure is undertaken in the proper and legal fashion.
Matt Horak offers his cost-effective legal services to individuals and families throughout Southeastern Texas, including Houston, The Woodlands, Katy, Sugarland, Cypress, Galveston, Fort Bend, Beaumont, Humble, Kingwood, and Pearland, among many others.
To schedule a confidential consultation to go over your case with a qualified attorney, please call (713) 225-8000 or send an online message today. Focused on providing a quick response, Matt will immediately begin working on your cultivation of marijauna case.
Texas Marijuana Cultivation Laws
There is not a specific “cultivation” offense in Texas law, so police will charge you with either possession of marijuana or delivery of marijuana. Unless you were caught selling these drugs, a possession charge will be the likely result of being caught growing or cultivating marijuana (or otherwise known as marihuana, ganja, bud or pot). According to Statute §481.121 of the Texas Controlled Substances Act (within the Texas Health and Safety Code), a person commits the offense of possession of marijuana if they knowingly or intentionally possess a usable quantity of marijuana.
For people who are cultivating or making use of a grow house, the quantity of plants or usable marijuana will be factored in to decide what classification this drug charge should be. §481.121 also specifies the amounts needed to enhance the charges:
It is considered a Class B misdemeanor if the amount of marijuana possessed is two ounces or less (up to 180 days in county jail and / or a fine of not more than $2,000);
If you are found with four ounces or less but more than two ounces, it is considered a Class A misdemeanor (up to 1 year in county jail and / or a fine of not more than $4,000);
It is considered a State Jail Felony is the amount of marijuana possessed is five pounds or less but more than four ounces (up to 2 years in state jail and / or a maximum fine of not more than $10,000);
If the amount of marijuana possessed is 50 pounds or less but more than 5 pounds, it is considered a Felony of the Third Degree (Up to 10 years in state prison and / or a maximum fine of $10,000);
It is considered a Felony of the Second Degree if the amount of marijuana possessed is 2,000 pounds or less but more than 50 pounds (up to 20 years in state prison and / or a maximum fine of $10,000);
It is considered a Felony of the second degree and punishable by imprisonment in the institutional division of the Texas Department of criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marijuana possessed is more than 2,000 pounds.
As for the subject of grow houses, if any law enforcement officers suspect a structure or building is being used as a grow house, they are able to obtain a warrant to search the property and seize any evidence based on even the most minute observations. This can include 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.
Horak Law | Harris County Marijuana Cultivation Arrest Lawyer
Considering the substantial penalties involved in marijuana charge, not taking this situation seriously can prove to be a major mistake. Without proper representation, you will be subject to the long arm or the law and will likely be pushed through the legal proceeding without being able to fully articulate your argument in a manner the helps your case.
During what is a stressful and worrisome time, it is hard enough to keep you affairs in order. Add a criminal trial to the mix and it may simply be too overwhelming to effectively handle. This is where Matt Horak can be an invaluable resource. He is a committed Houston criminal defense attorney who has helped many individuals and families through trying and tense situations that involve marijuana possession charges.
His prior experience, coupled with a strong sense of integrity and honesty, allows Matt to confidently and pragmatically take control of your case and produce results that you will be happy with. His focus on the small details of the case will enable him to refute the claims made against you and find avenue by which the charges can be reduced or even completely dismissed.
If you would like to discuss you marijuana cultivation case in detail with Matt Horak, please call (713) 225-8000 or send an online message today. Horak Law offers confidential consultations, so you and Matt can come to an agreement on the next course of action at no risk at all to you.
The firm’s representation extends throughout Southeastern Texas, including Harris County, Montgomery County, Fort Bend County, Waller County, Liberty County, Brazoria County.Houston criminal defense attorney Matt Horak proudly represents individuals throughout Southeastern Texas who have been charged with possession, delivery or cultivation of marijuana ]]>