Marijuana is derived from the hemp plant called Cannabis sativa, which can be found growing naturally in many parts of the world. Though it may be commonly known as a hallucinogenic drug, the hemp or marijuana plant can be used in many other ways to produce paper, hemp oil, food, and clothes.
Owning items that are made of hemp is not illegal; however, growing or cultivating a marijuana plant in Texas is punishable as a criminal offense.
Georgetown Marijuana Cultivation Attorney
Contact the Price & Twine, PLLC if you have been charged with growing marijuana in Georgetown, or any of the surrounding areas of Round Rock, Killeen, Temple, Belton or Harker Heights. Michael J. Price has over two decades of experience handling all types of illegal drug crimes.
Call Price & Twine, PLLC for a free consultation at (512) 354-1880 about your alleged marijuana offense.
Cultivation of Marijuana in Texas
According to Texas law, cultivating marijuana, or growing of marijuana plants, is classified as a marijuana possession offense. Under section 481.121 of the Texas Health and Safety Code, marijuana cultivation can occur if an individual knowingly or intentionally possesses a usable amount of marijuana or marihuana. Marijuana is also commonly known as hemp, pot, weed, bud, chronic, hydro or mary jane.
An individual can also face a conviction for marijuana cultivation if they are found to be the owner of a grow house. A grow house is a home or a building used specifically for the growing or cultivation of marijuana. Grow houses basically replicate the climate and conditions that a marijuana plant would normally thrive in nature.
Marijuana Cultivation Penalties in Georgetown
A marijuana cultivation conviction can result in a misdemeanor or felony offense, depending on the amount of marijuana or cannabis plants that are found in the alleged offender’s possession when they are arrested.
A marijuana cultivation offense can result in a Class B misdemeanor if the amount in the alleged offender’s possession is two ounces or less. This degree of offense is punishable by a jail sentence up to 180 days and/or a fine up to $2,000.
A marijuana cultivation offense can result in a Class A misdemeanor if the amount in the alleged offender’s possession is more than two ounces, but less than four. This offense is punishable by a jail sentence up to one year and/or a fine not more than $4,000.
A marijuana cultivation offense can result in a felony of the third degree if the amount in the alleged offender’s possession is five pounds or less but more than four ounces. This offense is punishable by a prison sentence of two to ten years and/or a fine up to $10,000.
A marijuana cultivation offense can result in a felony of the second degree if the amount in the alleged offender’s possession is 2,000 pounds or less but more than 50 pounds. This degree of offense is punishable by a prison sentence of two to 20 years and/or a fine up to $10,000.
If the amount in possession is more than 2,000 pounds, a conviction for the offense can result in a felony of the first degree, which is punishable by life in prison or a term of five to 99 years in prison and/or a fine up to $50,000.
Williamson County Drug Court
Cultivation or growing of even less than four ounces of marijuana is generally punishable as a misdemeanor offense, which can result in a jail term if the alleged offender is convicted. However, an alleged marijuana offender may be eligible for the Williamson County Drug Court Program, as an alternative sentence. The drug court is for repeat non-violent drug offenders in the state. Upon successful completion of the program, participants will be referred to the court for the dismissal of their criminal charges.
The program usually lasts 12 months or longer, and it is basically a rehabilitation program for the alleged drug offender. The program focuses on the compliance of court-ordered conditions, maintaining sobriety and abstaining from drugs, participation and completion of intensive outpatient treatment, the development and maintenance of living skills and positive behaviors, and attendance at regular court hearings to inform the judge of the alleged offender’s progress.
Price & Twine, PLLC | Williamson County Cultivation of Marijuana Lawyer
It is in your best interest to immediately seek legal representation f you have been arrested and charged with growing marijuana in Georgetown and the surrounding areas of central Texas. Michael J. Price is a knowledgeable Georgetown criminal defense attorney who will make every effort to fight the allegations against you.
Contact Price & Twine, PLLC at (512) 354-1880 or fill out an online contact form for a consultation about your alleged marijuana charges throughout Williamson County and Bell County in Texas.