Growing your own marijuana might seem like a great idea. You’ll have ready access to some pot, and if you don’t sell or distribute to anyone else, then it’s a “victimless crime,” right?
Sadly, Texas still classifies marijuana as an illegal drug. And the state will prosecute someone for cultivation. Although a majority of voters support decriminalization of marijuana for recreational use, that’s not yet the law in the Lonestar State. If you’ve been arrested for cultivation of weed, please contact Tad Nelson today. He is an established League City drug charges lawyer who can defend you against these criminal charges.
What Penalties Do You Face?
Cultivation of marijuana is essentially possession, so the penalties will depend on how much the plants weigh:
- Two ounces or less: max of 180 days in jail and $2,000 fine.
- Two to four ounces: max of 1 year in jail and $4,000 fine
- Four ounces to five pounds: max of 2 years in prison and $10,000 fine
- Five pounds to fifty pounds: max 10 years in prison and $10,000 fine
- More than fifty pounds: max of 20 years in prison and $10,000 fine
- Over a ton of marijuana: max of 99 years in prison and $50,000 fine
A conviction also leads to a suspension of your driver’s license. This is a major inconvenience for people in League City who need to drive to get anywhere.
Odds are very high you won’t be caught with only two ounces in plants, so there is a strong possibility of time in jail. However, a judge will consider your criminal history before deciding if you spend time behind bars.
Even worse, certain factors can increase the penalties, such as being in a school or park or if there’s evidence you intend to sell the drugs. Often, prosecutors simply assume someone caught with a lot of plants is intending to sell them since one person (or one family) can consume only so much marijuana.
We Can Defend You
There are some common defenses we might raise. For example, you might not have planted the drugs. If you own several acres of property, someone else could have planted them. This is a solid defense if the plants are found a long way from the road or from where you live. You might not have seen them and known they were there.
We might also challenge how the police even found the plants. Police need consent to enter property or else probable cause that a crime was committed there. If they trespass for no good reason, then they can’t use the plants in a prosecution.
Another defense strategy is to challenge the weight of the plants. This can help in borderline cases, such as when you are caught with a little over 5 pounds. If we can get them re-weighed, we can reduce your charges.
Contact Us to Learn More
Tad Nelson & Associates is a leading criminal defense firm helping those charged in League City and Galveston. To find out more about how to fight cultivation charges, schedule a free consultation.