Texas Cultivation Laws???
- Thread starter highman
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poop-dog
alright alright alright
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They have an option to just issue citations for under 4 oz's, but good luck on getting that.
What are Texas' Laws on Marijuana Possession?
Texas has a reputation as being extremely hard on drug use and possession, and it is well earned. Minor marijuana possession is not decriminalized in Texas, as it is in several states, which means that even a miniscule amount can land you 6 months in jail.
Like many other states, Texas divies up punishments based on the weight of the drug possessed or sold. The possession of up to a pound of marijuana (this includes very minor amounts) will generally carry a sentence of 6 months to 2 years in a state jail and a $2,000 - $10,000 fine. However, if you have no prior felony convictions and are arrested with up to a pound, a Texas judge must impose a sentence of probation with drug treatment (for a duration at the judges discretion). The judge can also waive the fines, in this case.
That is where the leniency ends, however. For the possession of 1 - 5 lbs, there is no probation, and a minimum sentence of 6 months will be imposed. This will also be considered a "state jail felony," (which is a Texan creation meant to help with prison over-crowding). This means it will count as a felony on your record, but you will be sentenced to a minimum security prison with non-violent offenders.
After the five pound limit, the court will assume you are a major trafficker, and the penalties increase rapidly (these felonies are not of the "state-jail" variety):
*
5 - 50 lbs: 2 - 10 years, $10,000 fine
*
50 lbs - 1 ton: 2 - 20 years, $10,000 fine
*
1 ton+ : 5 - 99 years, $50,000 fine
What About Giving a Baggie to a Friend
Texas law does not recognize little gifts as being the same as possession (like most states do). Therefore a gift of even less than 1/4 of an ounce carries the same 6-month $2,000 fine as simple possession, but without the probation requirements (i.e. you will likely serve time). If it is a sale of that same amount, the penalty jumps to 1 year. This applies to even extremely small amoutns, even less than a single joint cigarette.
What About Other Sales?
Penalities for the sale or delivery of marijuana are also assigned by weight in Texas:
* 1/4 oz - 5 lbs: 6 months - 2 years, $10,000 fine
* 5 lbs - 50 lbs: 2 - 20 years, $10,000 fine
* 50 lbs - 1 ton: 5 - 99 years, $10,000 fine
* 1 ton or more: Mandatory minimum of 10 - 99 years, with a $100,000 fine
These are for either the sale OR delivery, meaning it is irrelevant whether or not you are actually paid or just just giving it to someone. On top of that, if the delivery or sale is to a minor (in ANY amount), that is punishable by an additional 2 - 20 years in prison. Also, sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (which in some cases is a difference of many years).
I am a Legal User of Medical Marijuana in my State. Can I Bring it into Texas?
Absolutely not. Texas does not recognize any form of medical marijuana, so all the same laws above apply to you, and if you are arrested while possessing marijuana, a medical card or doctor's note will not be a valid defense. Federal law also does not recognize medical marijuana (even in your home state), so you should contact a lawyer before you ever try to carry medical marijuana over state borders.
What are Texas' Laws on Marijuana Possession?
Texas has a reputation as being extremely hard on drug use and possession, and it is well earned. Minor marijuana possession is not decriminalized in Texas, as it is in several states, which means that even a miniscule amount can land you 6 months in jail.
Like many other states, Texas divies up punishments based on the weight of the drug possessed or sold. The possession of up to a pound of marijuana (this includes very minor amounts) will generally carry a sentence of 6 months to 2 years in a state jail and a $2,000 - $10,000 fine. However, if you have no prior felony convictions and are arrested with up to a pound, a Texas judge must impose a sentence of probation with drug treatment (for a duration at the judges discretion). The judge can also waive the fines, in this case.
That is where the leniency ends, however. For the possession of 1 - 5 lbs, there is no probation, and a minimum sentence of 6 months will be imposed. This will also be considered a "state jail felony," (which is a Texan creation meant to help with prison over-crowding). This means it will count as a felony on your record, but you will be sentenced to a minimum security prison with non-violent offenders.
After the five pound limit, the court will assume you are a major trafficker, and the penalties increase rapidly (these felonies are not of the "state-jail" variety):
*
5 - 50 lbs: 2 - 10 years, $10,000 fine
*
50 lbs - 1 ton: 2 - 20 years, $10,000 fine
*
1 ton+ : 5 - 99 years, $50,000 fine
What About Giving a Baggie to a Friend
Texas law does not recognize little gifts as being the same as possession (like most states do). Therefore a gift of even less than 1/4 of an ounce carries the same 6-month $2,000 fine as simple possession, but without the probation requirements (i.e. you will likely serve time). If it is a sale of that same amount, the penalty jumps to 1 year. This applies to even extremely small amoutns, even less than a single joint cigarette.
What About Other Sales?
Penalities for the sale or delivery of marijuana are also assigned by weight in Texas:
* 1/4 oz - 5 lbs: 6 months - 2 years, $10,000 fine
* 5 lbs - 50 lbs: 2 - 20 years, $10,000 fine
* 50 lbs - 1 ton: 5 - 99 years, $10,000 fine
* 1 ton or more: Mandatory minimum of 10 - 99 years, with a $100,000 fine
These are for either the sale OR delivery, meaning it is irrelevant whether or not you are actually paid or just just giving it to someone. On top of that, if the delivery or sale is to a minor (in ANY amount), that is punishable by an additional 2 - 20 years in prison. Also, sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (which in some cases is a difference of many years).
I am a Legal User of Medical Marijuana in my State. Can I Bring it into Texas?
Absolutely not. Texas does not recognize any form of medical marijuana, so all the same laws above apply to you, and if you are arrested while possessing marijuana, a medical card or doctor's note will not be a valid defense. Federal law also does not recognize medical marijuana (even in your home state), so you should contact a lawyer before you ever try to carry medical marijuana over state borders.
Mountain_Homegrown
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Sounds like I'm staying outta Texas
S
SmokinMom
Guest
Gotta love Texas...
Mountain_Homegrown
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SmokinMom said:Gotta love Texas...
Do I have ta ?
I dont really wanna .. I like the Northeast
S
SmokinMom
Guest
Mountain_Homegrown said:
Nah, you don't.
But I've heard they have the hottest chicks.
I
IRISH
Guest
woooweeeee. i can vouch for that mom. :hubba: ...
:hubba: ...
S
SmokinMom
Guest
IRISH said:woooweeeee. i can vouch for that mom.
I wouldn't know..
highman
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i know what the possesion charges are i am curious as to CULTIVATION laws such as 1-99 plants gets you what? how do they convict you once they have caught you "cultivating" is it by plant number or weight of actual plants
S
SmokinMom
Guest
I would think it would be even more severe then the possession laws. Be careful!
the chef
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Look bud the penalties are stiff, a combo of county and a straitshot to huntsville for at least 5 yrs if your lucky, in texas alot of other factors are considered as well such as how close you are to a school, what your plant count is, what you have dried, etc. If the risks outwhiegh the outcome don't do it. GL.
captain1
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edit
[/COLOR]Incarceration [/B]
Fine[/B][/CENTER]
Possession2 oz or less*class B misdemeanor180 days$2,0002 to 4 oz*class A misdemeanor1 year$4,0004 oz to 1 lb*state jail felony180 days - 2 years$10,0001 to 5 lbsstate jail felony180 days - 2 years$10,0005 to 50 lbsfelony of the third degree 2 - 10 years$10,00050 to 2,000 lbsfelony of the second degree 2 - 20 years$10,000More than 2,000 lbsfelony5 - 99 years$50,000SaleGift of 1/4 oz or lessclass B misdemeanor180 days$2,000Sale of 1/4 oz or lessclass A misdemeanor
* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines.
** Unless previous conviction of paraphernalia sale or possession (if previous conviction, 90 days to 1 year). Paraphernalia sale to a minor at least 3 years younger than actor- State Jail Felony = 180 days-2 years; $10,000
Possession of two ounces or less of marijuana is punishable by up to 180 days in jail and a fine up to $2,000. Possession of greater than two ounces is punishable by up to one year in jail and a fine up to $4,000. For greater than four ounces the penalty increases to 180 days - two years in jail and a fine up to $10,000. Possession of greater than five pounds carries a penalty of 2 - 10 years in prison and a fine up to $10,000. For greater than 50 pounds the penalties increase to 2 - 20 years in prison and a fine up to $10,000. For any amount greater than 2,000 pounds the penalty is 5 - 99 years and a fine up to $50,000.
The penalty for delivery, without remuneration, of one-quarter of an ounce or less is up to 180 days in jail and a fine up to $2,000. For delivery or sale of one-quarter of an ounce or less the penalty is up to one year in jail and a fine of up to $ 3,000. For delivery or sale of amounts greater than one-quarter ounce of marijuana the penalty increases to 180 days - 2 years in jail and a fine up to $10,000. Sale or delivery of greater than five pounds is punishable by 2 - 20 years in prison and a fine up to $10,000. The penalty for delivery or sale of greater than 50 pounds is 5 - 99 years in prison and a fine up to $10,000. For any amount of 2,000 pounds or greater, the penalty is a mandatory minimum 10 - 99 years in prison and a fine up to $100,000.
Any sale to a minor is punishable by 2 - 20 years in prison and a fine up to $10,000. Sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level.
Repeat Misdemeanor Offenses:
[/COLOR]Incarceration [/B]
Fine[/B][/CENTER]
Possession2 oz or less*class B misdemeanor180 days$2,0002 to 4 oz*class A misdemeanor1 year$4,0004 oz to 1 lb*state jail felony180 days - 2 years$10,0001 to 5 lbsstate jail felony180 days - 2 years$10,0005 to 50 lbsfelony of the third degree 2 - 10 years$10,00050 to 2,000 lbsfelony of the second degree 2 - 20 years$10,000More than 2,000 lbsfelony5 - 99 years$50,000SaleGift of 1/4 oz or lessclass B misdemeanor180 days$2,000Sale of 1/4 oz or lessclass A misdemeanor
1 year
$4,0001/4 oz to 5 lbsstate jail felony180 days - 2 years
$10,0005 to 50 lbsfelony of the second degree2 - 20 years$10,00050 to 2,000 lbsfelony of the first degree5 - 99 years$10,0002,000 lbs or morefelonyMMS 10 - 99 years$100,000To a minorfelony2 - 20 years$10,000Within 1,000 feet of a school or within 300 feet of specified areasmisdemeanor or felonyincreased penaltyincreased penaltyMiscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)Paraphernalia possession class C misdemeanornone$500Paraphernalia saleclass A misdemeanor1 year$4,000**Detailsedit* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines.
** Unless previous conviction of paraphernalia sale or possession (if previous conviction, 90 days to 1 year). Paraphernalia sale to a minor at least 3 years younger than actor- State Jail Felony = 180 days-2 years; $10,000
Possession of two ounces or less of marijuana is punishable by up to 180 days in jail and a fine up to $2,000. Possession of greater than two ounces is punishable by up to one year in jail and a fine up to $4,000. For greater than four ounces the penalty increases to 180 days - two years in jail and a fine up to $10,000. Possession of greater than five pounds carries a penalty of 2 - 10 years in prison and a fine up to $10,000. For greater than 50 pounds the penalties increase to 2 - 20 years in prison and a fine up to $10,000. For any amount greater than 2,000 pounds the penalty is 5 - 99 years and a fine up to $50,000.
The penalty for delivery, without remuneration, of one-quarter of an ounce or less is up to 180 days in jail and a fine up to $2,000. For delivery or sale of one-quarter of an ounce or less the penalty is up to one year in jail and a fine of up to $ 3,000. For delivery or sale of amounts greater than one-quarter ounce of marijuana the penalty increases to 180 days - 2 years in jail and a fine up to $10,000. Sale or delivery of greater than five pounds is punishable by 2 - 20 years in prison and a fine up to $10,000. The penalty for delivery or sale of greater than 50 pounds is 5 - 99 years in prison and a fine up to $10,000. For any amount of 2,000 pounds or greater, the penalty is a mandatory minimum 10 - 99 years in prison and a fine up to $100,000.
Any sale to a minor is punishable by 2 - 20 years in prison and a fine up to $10,000. Sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level.
Repeat Misdemeanor Offenses:
- If charged with a Class A misdemeanor and defendant has been before convicted of a Class A misdemeanor or any degree of felony = 90 days-1 year; $4,000
- If charged with a Class B misdemeanor and defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony = 30 days-180 days; $2,000
- If charged with a Class C misdemeanor and defendant has been before convicted under one or a combination of the two above three times and the prior offense was committed within 24 months of incident = > 180 days; $2,000
- If charged with a state jail felony punishable and defendant has previously been finally convicted of two state jail felonies, on conviction the defendant shall be punished for a third-degree felony.
- If charged with a state jail felony punishable and defendant has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a second-degree felony.
- If charged with a state jail felony or of a third-degree felony and defendant has been once before convicted of a felony, on conviction he shall be punished for a second-degree felony.
- If charged with a second-degree felony and the defendant has been once before convicted of a felony, on conviction he shall be punished for a first-degree felony.
- If it is a first-degree felony and defendant has been once before convicted of a felony, on conviction he shall be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 15 years. In addition to imprisonment, an individual may be punished by a fine not to exceed $10,000. Marijuana tax stamps: This state has a marijuana edit
] law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's reporteditFederal Laws[/URL]
captain1
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Great site hxxp://norml.org/index.cfm?Group_ID=4516 change to tt. EVERYONE should check there state laws. This is a good start. Remember there are also local laws that apply.
Super Skunk
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Most countys in Texas will charge you 1 lb. for each plant. Where I am at they do not care if it is a vegitative plant, or flowering.... All plants are 1 lb. each. So if you have 6 plants you will be charged for 6 lbs. And you can forget that waiving of a fine, that does not happen. My advise to anyone growing in the big T, find a damn good lawyer and just give him/ her 20%- 25% of your profits because you will need them sooner or later, and it is much better to have that sort of thing taken care of well before all of your assets are frozen by some red-neck court that has only one intention... Make a name for themselves. The only way anyone can make money growing in Texas is to grow really good hydro, and sell the product up north. (Chicago, New York, etc..) Good luck, the pot industry is a very dangerous game in Texas.
I would recomend growing only what you smoke, and keep a real good lid on that. There is just not enough money in it here. The Mexican weed will out sell you every time. Those guys can undercut you easily. Besides most of the marijuana in Texas is controlled by various gangs, and they tend to get a bit rough on a guy taking any of there pieces of the pie, no matter how small.
So in short growing and selling in Texas is not good... If the law don't get ya, Guido will. Be careful!
I would recomend growing only what you smoke, and keep a real good lid on that. There is just not enough money in it here. The Mexican weed will out sell you every time. Those guys can undercut you easily. Besides most of the marijuana in Texas is controlled by various gangs, and they tend to get a bit rough on a guy taking any of there pieces of the pie, no matter how small.
So in short growing and selling in Texas is not good... If the law don't get ya, Guido will. Be careful!
TexasMonster
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highman said:
Have a lawyer on retainer. I've been sentenced twice here in Texas to TDC behind grass. I've got a few years served here over grass. I was not growing though. I was just buying large quantities, which by the way was how I got caught both times. I hear it said here alot, "Do not let your friends, mommy, nieces, employees, neighbors, your best buddy, or even Rover know what you are doing". As someone who has been betrayed twice I can tell you just to keep your mouth closed.
Good luck to ya
