Anyone who gets caught with marijuana in Texas risks prosecution. The need to purchase marijuana from a drug dealer exposes someone to personal risk and may expose them to law enforcement efforts. One of the ways that people try to minimize their risk of marijuana-related prosecution involves growing their own marijuana.
Many people do not realize how dangerous it can be to cultivate marijuana or cannabis in Texas. They may have heard that the state does not have a specific criminal statute against marijuana cultivation. However, the way that the state handles cultivation cases can lead to very serious penalties for anyone caught growing marijuana in their home, in their yard or on public land.
What is the Texas stance on cultivation?
Texas prosecutors will treat marijuana cultivation the same way they treat marijuana possession. Although people think that is a good rule, the truth is that even one marijuana plant could put them at risk of criminal charges.
The total weight of marijuana in someone’s possession only needs to be 4 ounces to constitute a state jail felony. Even small, immature plants probably weigh more than that. Law enforcement departments will typically weigh the plants while they are wet, meaning the weight used for determining someone’s charges will be a reflection of the entire plant, not the usable marijuana it produces.
Those with multiple plants that weigh 5 pounds or more could face more serious felony charges that carry life-altering penalties. Although growing marijuana eliminates the need to purchase it on the unregulated market, it exposes someone to significant legal risk.
Ultimately, seeking legal guidance and learning more about Texas marijuana laws can benefit those arrested for allegedly violating them, as well as those who are proactively trying to avoid breaking the law.