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Marijuana Cultivation and Growhouses

Regardless of one’s moral justification for using marijuana on medical grounds or for other health benefits, growing cannabis—even if it is strictly for your own personal use—remains a criminal offense in Texas. A person charged with owning marijuana plants or cultivating cannabis faces severe penalties with dramatic immediate and long-term consequences.

Additionally, if you have been arrested for operating a growhouse, this can also result in charges against a landlord or property owner. The severity of the offense is determined by the amount of plants in the alleged offender’s possession, and it is possible for a cultivation arrest to result in a felony conviction that carries a lengthy prison sentence as well as several thousands of dollars in fines.

Austin Marijuana Cultivation Attorney

Kevin Bennett has handled hundreds of marijuana cases across Travis County ranging from Class B misdemeanors to first degree felonies. Whatever your charges on this spectrum, you will want a legal defense team that challenges the prosecution on every point in their case.

The first step is a consultation with The Law Office of Kevin Bennett where the details are outlined. From here, Kevin Bennett can begin building your defense. Call (512) 476-4626 today if you are facing marijuana cultivation or marijuana growhouse charges in Austin, Lakeway, Lago Vista, Sunset Valley, and Rollingwood.


Overview on Marijuana Cultivation in Texas


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Marijuana Cultivation Penalties

Penalties will range based on the amount allegedly in the growers’ possession.

The Texas Health and Safety Code bans the possession of marijuana (§ 481.121) and marijuana paraphernalia (§ 481.125), so if there are cultivation or propagation materials found as well, there may be an additional charge.

Possession charges can become serious as the aggregate weights increase. Ensure that your lawyer gets you an independent weight of the evidence in order to ensure you have not been wrongfully charged with a slightly higher weight. Comparing possession of 4.9 pounds to 5.1 pounds can mean years of freedom.


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Texas Health and Safety Code § 481.121: Possession of Marihuana

  • Two ounces or less – Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000
  • More than two ounces, but not more than four ounces – Class A misdemeanor punishable by a year in jail and a fine up to $4,000
  • More than four ounces, but not more than five pounds – state jail felony punishable by 180 days to two years in prison and a fine up to $10,000
  • More than five pounds, but not more than 50 pounds – felony of the third degree punishable by two to 10 years in prison and a fine up to $10,000
  • More than 50 pounds, but not more than 2,000 pounds – felony of the second degree punishable by two to 20 years in prison and a fine up to $10,000
  • More than 2,000 pounds – felony of the first degree punishable by five to 99 years in prison and a fine up to $50,000

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Texas Health and Safety Code § 481.125: Possession or Delivery of Drug Paraphernalia

A person must knowingly or intentionally use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, and harvest (among others) a controlled substance to be ingested, inhaled, or somehow introduced into the human body.

Possession of drug paraphernalia in Texas is a Class C misdemeanor punishable by a fine up to $500.


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Experienced Travis County Marijuana Cultivation and Growhouse Lawyer

The system is intimidating and the evidence may seem stacked against you, however, competent legal counsel can turn the table. Remember that you are innocent first and the prosecution bears the burden of proof. To start the process to secure your freedom, call (512) 476-4626 for your free consultation with The Law Office of Kevin Bennett.

Kevin Bennett brings competence and experience to your defense. If you are facing marijuana cultivation charges in Travis County, The Law Office of Kevin Bennett can assist you.