There are no specific Texas laws that prohibit the cultivation or growing of marijuana. However, other laws prohibiting marijuana still make growing marijuana illegal in the state. Growing marijuana is a crime of marijuana possession in Texas.
Charges and penalties for marijuana vary widely according to the amount of marijuana that you are accused of possessing. Tex. Health and Safety Code § 481.121 sets forth the penalties for possession of marijuana based on weight:
• Two ounces or less: Class B misdemeanor
• Two to four ounces: Class A misdemeanor
• Four ounces to five pounds: State jail felony
• Five to 50 pounds: Felony of the third degree
• 50 to 2,000 pounds: Felony of the second degree
• More than 2,000 pounds: Felony carrying a potential sentence of five to 99 years in prison or a life sentence, in addition to a fine of up to $50,000
Due to this wide range of penalties, sentences of incarceration can vary widely. A Class B misdemeanor carries the potential for a jail sentence of no more than 180 days, whereas a second degree felony conviction could result in up to 20 years in prison. It is essentially only very small amounts of marijuana possessed for personal usage that result in misdemeanor charges under Texas law.
If you are facing criminal charges, you should consult with an experienced criminal defense attorney who can ensure that all of your rights a protected at all stages of your criminal proceedings. At Peek & Toland, we are dedicated to protecting your rights and defending you any accusations of wrongdoing that you may be facing. We are here to investigate the facts surrounding your case, consider your options, and help you develop the strategy that is best designed to achieve a successful outcome in your case. Do not waste time attempting to handle legal matters on your own; contact our office as soon as you are charged with a criminal offense so that we can provide you with the help that we need.