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growing weed in texas laws

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.

Growing weed in texas laws

Getting your Texas medical marijuana card is perhaps the first step. Unfortunately, Elevate Holistics doesn’t currently offer medical marijuana services in Texas, but we’re working on changing that in the future. For now, you can get familiar with the processes and find the best MMJ doctor for you.

Texas has strict laws for those caught growing marijuana in the state. Any individual or business caught cultivating, or growing marijuana in Texas will be charged for the criminal possession of marijuana plants. The applicable penalties vary from misdemeanors to felonies. For growing marijuana in Texas, the charges apply based on the total weight of all plants found:

Recreational marijuana is illegal in Texas. However, the Texas legislative house gave room for an exception to what qualifies as marijuana in its House Bill 1325. According to HB 1325, which was signed into law by Gov. Gregg Abbott in 2019, if the tetrahydrocannabinol (THC) concentration in a substance does not exceed 0.3% based on a dry weight basis, then it is considered hemp – possession of hemp is not illegal in the state. Consequently, the possession of any substance other than hemp that contains THC in any amount is unlawful. Such substances include vape pen cartridges, gummies, etc.

Even though marijuana is legal in other states, you need to remember that you cannot purchase marijuana from these other states and bring it into Texas. Doing so is drug trafficking, and strict penalties apply.

Punishments for Growing Marijuana in Texas

In reality, no specific Texas law prohibits the cultivation or growing of marijuana. However, the marijuana laws in Texas regard cultivating or growing marijuana as the crime of possession of marijuana. The law defines cultivation as where an individual knowingly or intentionally possesses a sizable amount of marijuana to grow or cultivate. If you have more questions about cultivation or Texas MMJ, just click here.

The medical marijuana law in Texas remains one of the most restrictive in the USA, allowing only low-THC for medical purposes. When it comes to medical cannabis in Texas, you need to know that the Texas Compassionate Use Act allows its possession or its use only in specific circumstances. According to the marijuana laws of the state, a qualified medical practitioner can prescribe cannabis with low THC, i.e., not exceeding 0.5% THC by weight, for a permanent resident of Texas living with any of the following conditions:

Currently, most legal authorities in Texas do not have the necessary equipment to measure the actual amount of THC contained in a substance to determine if it is more than this limit. This tends to generally affect their attitude towards marijuana.

Texas At-Home Cannabis Cultivation Laws

A recent exciting development for the medical marijuana program in 2021 was when Gov. Greg Abbot signed Bill HB 1535. One significant provision of this bill is that it extends the medical cannabis program of the state to include two additional conditions: cancer and PTSD. In addition, it increases the current 0.5% THC limit on medical cannabis to 1%.

Even though the qualifying conditions for medical cannabis in Texas are very restrictive, the age limit is not. There is no age limit for prescription of medical cannabis in Texas, although patients under 18 need a legal guardian. In addition, only patients and their designated primary caregivers can purchase medical marijuana from licensed dispensaries, and the maximum amount you can get from these dispensaries varies based on the physician’s recommended dosage.