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growing cannabis in texas

The penalties for growing marijuana vary in Texas and hinge upon the collective weight of the cannabis plants found.

There are no laws that make cultivating cannabis illegal in Texas, but it is still considered a crime to grow weed. The only exception under state law is for growers of low–THC cannabis that is used explicitly for medical purposes provisioned under the Compassionate Use Act.

If law enforcement has reason to believe you are operating a grow house, a warrant can be requested to search your property and seize evidence. If you are caught growing even small amounts of weed in Texas, the consequences can be life-altering. For this reason, it’s essential to contact a Dallas marijuana lawyer at Peveto Law Office.

For expert legal advice on marijuana cultivation defense, don’t hesitate to call Peveto Law for a confidential consultation, free of charge.

These types of charges can apply if an individual owns a structure that is used to grow or cultivate marijuana. Typically, marijuana grow houses are outfitted with special lighting and irrigation systems to produce beneficial growing conditions for the plants. The grow house can be a home, building, trailer, shed, greenhouse, or any other outdoor or indoor structure.

A class B misdemeanor may apply for up to two ounces of marijuana. A conviction can result in up to 180 days in jail, a fine of up to $2,000, or both.

How is that possible if there is no actual law here against cultivation? To understand, we first need to define “cultivation” itself.

Cultivation Covered by Texas Laws on Marijuana Possession

In Texas, growing or cultivating marijuana is considered a crime of possession under state laws. According to the law, cultivation is defined as an individual knowingly or intentionally possessing a sizeable amount of marijuana to be used for growing or cultivating.

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What It Means to Cultivate Marijuana in Texas

Penalties for marijuana possession offenses vary from misdemeanors to felonies, depending on the amount of marijuana allegedly in possession at the time the individual is arrested. For cultivation, the charges will apply for the total weight of all plants that are found. The penalties vary as described below.

A state jail felony may apply for between four ounces and five pounds of marijuana. A conviction can result in 180 days to two years in jail, a fine of up to $10,000, or both.

Jessica Phelps /San Antonio Express-News

Bob Owen / Express-News

Jessica Phelps /San Antonio Express-News

TOCC grows three different strains of marijuana — Blue Dream, which is high in THC; Bluebonnet with a 2-to-1 ratio of CBD to THC; and Waterloo, which is a 20-to-1 ratio of CBD to THC. Patients have four products to choose from — Tinctures, an oral mouth spray, lozenges and gummies.

Frame by Frame

The cannabis goes through three main stages before it is available: cultivation, processing and manufacturing.

Bob Owen, Staff / San Antonio Express-News

Jessica Phelps /San Antonio Express-News

Experience San Antonio through exceptional photojournalism.

Behind an entryway covered with mosquito netting, rows of small, leafy plants give way to larger, more mature plants in the back. The larger plants are known as mother plants. Inside the vegetation room, plants sit under 18 hours of light a day to create the ideal growing conditions, said TOCC’s Cultivation Manager Jason Sanders.

No tour of TOCC would be complete without passing by the Hall of Honor with framed posters of patients whose lives were changed by its products. More than a dozen success stories illustrate the importance of medical marijuana and remind employees about the importance of their work, says CEO Morris Denton.