Cultivate generally means “to prepare or prepare and use for the raising of crops” or “to foster the growth of,” and marijuana cultivation has become especially common in recent years as more people have come to realize that they could grow marijuana on their own. About 18 percent of adults say they would grow their own if marijuana was legal, up from 10 percent last year, according to a nationwide Harris Poll reported in the Denver Post.
A marijuana cultivation crime could be prosecuted as a simple possession case, but there can be instances in which larger amounts lead to intent to sell or delivery charges or even drug trafficking in some larger cases. Some marijuana cultivation offenses occur in so-called grow houses, which are homes dedicated to growing marijuana, but people can still face criminal charges for offenses occurring in other private homes or businesses.
Marijuana Cultivation Defense Lawyer in Denton, Little Elm, Lewisville, and Flower Mound, TX
Were you arrested for an alleged marijuana cultivation offense in Grapevine, Westlake, Flower Mound, or another community in Denton County, Texas? You cannot afford to delay in seeking legal representation as you will want to make sure you have a criminal defense attorney investigating your case as soon as possible.
The Law Offices of Richard C. McConathy can immediately put our team to work for you and we will work to protect your rights and fight to ensure you face the fewest penalties possible. Call (940) 222-8004 or contact us online to have our firm review your case and answer all of your legal questions during a consultation.
Marijuana Cultivation Charges in Denton County
Because there is no specific marijuana cultivation crime on the books in Texas, cultivation offenses are often prosecuted as marijuana possession offenses. People commit marijuana possession offenses in Texas when they knowingly or intentionally possess a usable quantity of marijuana.
Under Texas Health and Safety Code § 481.002(26), “marihuana” is defined as “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” The term does not include:
- the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
- the mature stalks of the plant or fiber produced from the stalks;
- oil or cake made from the seeds of the plant;
- a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
- the sterilized seeds of the plant that are incapable of beginning germination; or
- hemp, as that term is defined by Agriculture Code § 121.001.
Under Agriculture Code § 121.001, hemp is defined as meaning “the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” A Texas Department of Public Safety trooper arrested a driver in December 2019 who the agency claimed was hauling more than a ton of marijuana through the state near Amarillo and the man was held in jail for a month before lab results showed he was actually transporting legal hemp.
Marijuana cultivation crimes that lead to marijuana possession charges can result in the following charges under Texas Health and Safety Code § 481.121:
- 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
While marijuana possession charges frequently result in many cultivation cases, they are not the only crime a person could be charged with. If law enforcement suspects marijuana was being grown for sale, then delivery charges could be the result.
When a marijuana cultivation offense leads to marijuana delivery charges, then Texas Health and Safety Code § 481.120 establishes that crimes are classified as follows:
- One-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana — Class B Misdemeanor
- One-fourth ounce or less and the person committing the offense receives remuneration for the marihuana — Class A Misdemeanor
- 5 pounds or less but more than one-fourth 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 — First-Degree Felony
Under Texas Health and Safety Code § 481.002(8), deliver is defined as meaning “to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship.” The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.
Marijuana Cultivation Penalties in Texas
The marijuana crimes listed above are generally punishable as follows:
- Class B Misdemeanor — Up to 180 days in jail and/or a fine up to $2,000
- Class A Misdemeanor — Up to one year in jail and/or a fine up to $4,000
- State Jail Felony — Up to two years in state jail and/or a fine up to $10,000
- Third-Degree Felony — Up to 10 years in prison and/or a fine up to $10,000
- Second-Degree Felony — Up to 20 years in prison and/or a fine up to $10,000
- First-Degree Felony — Up to 99 years or life in prison and/or a fine up to $10,000
Texas Health and Safety Code § 481.121(b)(6) establishes that a marijuana possession crime involving more than 2,000 pounds of marijuana is punishable by imprisonment in 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. Under Texas Health and Safety Code § 481.120(b)(6), a marijuana delivery crime involving more than 2,000 pounds of marijuana is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000.
Denton County Marijuana Cultivation Resources
Cannabis and the Law – Texas State Law Library – Texas.gov — Use this website to find information about Texas and federal law, including Section 812 in Title 21 of the U.S. Code, Chapter 481 of the Texas Health and Safety Code, Schedules of Controlled Substances, and Chapters 121 and 122 of the Texas Agriculture Code. Also find updates on Texas’s Industrial Hemp Program, including Hemp Regulations by the Texas Department of Agriculture, Title 4, Part 1, Chapter 24 of the Texas Administrative Code, a Summary of the Texas Department of Agriculture’s Adopted Regulations, the Hemp Program of Texas Department of State Health Services, U.S. Department of Agriculture Hemp Rules and Regulations, Title 25, Part 1, Chapter 300 of the Texas Administrative Code, and Approved Hemp Varieties. There are also various e-books.
McClintock v. State, 405 S.W.3d 277 (2013) — Department of Public Safety officers set up surveillance of a building after receiving information that marijuana was being grown on the second floor of a two-story brick duplex in Houston, Texas. Officer R. Arthur described the location in detail in an affidavit given to show probable cause to search the location for marijuana and evidence related to marijuana cultivation, and found his observations of Bradley McClintock’s unusual comings and goings “at hours well before and after the business hours of the business on the first floor” during the week in which surveillance was conducted at the location to be “consistent with possible narcotics activity.” Authorities seized marijuana from appellant Bradley McClintock’s apartment and did so pursuant to a search warrant obtained with evidence of a drug-detecting dog’s sniff at McClintock’s back door, conducted without a warrant. The United States Supreme Court held that a dog sniff under these circumstances is a search within the meaning of the Fourth Amendment. McClintock had moved to suppress the fruits of the search, and the trial court denied the motion. Reserving his right to appeal the evidentiary issue, he then pleaded guilty to the possession of marijuana in an amount from four ounces to five pounds. The main question raised by this appeal is whether, after excluding the evidence of the dog-sniff, the other information contained in the affidavit offered to obtain the warrant sufficiently established probable cause for the search, and the Court of Appeals of Texas in Houston concluded it did not, accordingly reversing and remanding for a new trial.
Find A Denton County Defense Attorney for Marijuana Cultivation Charges | Law Offices of Richard C. McConathy
If you were arrested for an alleged marijuana cultivation offense in Denton County, you are going to need to be sure that you have qualified legal counsel before you appear in court. The Law Offices of Richard C. McConathy has handled scores of marijuana offenses in North Texas and will be able to help you achieve the most favorable possible outcome for your case.
Our firm will be dedicated to helping you overcome every obstacle that you are facing and we will work with you to ensure that you are able to go about your normal life. You will be able to have us examine your case and discuss all of your legal options when you call (940) 222-8004 or contact us online to schedule a free consultation.