Drug cultivation refers to growing or harvesting plants that are classified as controlled substances under Texas Law. Most commonly, individuals are arrested for cultivating marijuana plants. It is always a crime to grow or harvest marijuana in Texas, regardless of the purpose. It does not matter if you were cultivating marijuana for personal medicinal use. It is mostly definitely illegal if you are growing it for sale and distribution.
If you are charged with cultivating or producing illegal drugs in Texas, you need to take such charges seriously. You can be charged with possession of a controlled substance or marijuana, as well as other drug-related crimes. An individual commits the offense of possession of marijuana if they knowingly or intentionally possess a usable quantity of marijuana. The manufacture, delivery, or possession with intent to deliver an illegal drug is referred to as drug trafficking, and, for most illegal substances, carries a felony sentence in Texas.
Drug Crimes lawyer Adam Capetillo of Sugar Land Texas understands Texas law and is experienced and well-prepared to defend his clients.
What are the Penalties for Drug Cultivation in Sugar Land?
As previously stated, Marijuana cultivation is the primary drug that is cultivated. Marijuana charges can be a misdemeanor or felony depending primarily on the amount of marijuana possessed. The First through Third Degree Felony levels are the major ones and the amounts are likely for selling and distribution.
- Class B Misdemeanor. If the defendant possessed two ounces or less of marijuana, it is a class B misdemeanor punishable by a jail sentence of up to 180 days and a fine of up to $2,000.
- Class A Misdemeanor. If the defendant possessed between two and four ounces of marijuana, it is a class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000.
- State Jail Felony. If the defendant possessed between four ounces and five pounds of marijuana, it is a state jail felony punishable by a jail sentence of 180 days to two years and a fine of up to $10,000.
- Third-Degree Felony. If the defendant possessed between five and up to 50 pounds of marijuana, it is a third-degree felony punishable by two to ten years in prison and a fine of up to $10,000.
- Second-Degree Felony. If the defendant possessed between 50 and up to 2,000 pounds of marijuana, it is a second-degree felony punishable by two to twenty years in prison and a fine of up to $10,000.
- First-Degree Felony. If the defendant possessed 2,000 pounds or more of marijuana, it is a first-degree felony punishable by five to 99 years or life imprisonment and a fine of up to $50,000.
Defending Against Drug Cultivation Charges in Sugar Land?
To be convicted of drug cultivation, the state must prove you committed every element of the offense beyond a reasonable doubt. You will have the best chance of avoiding conviction if you work with a qualified Sugar Land defense lawyer like Attorney Capetillo.
There are various defenses Attorney Capetillo can raise in a drug cultivation case. For example, how the search and seizure were carried out can be challenged. We can argue that there was an illegal search. The Fourth Amendment of the U.S. Constitution protects your right against unlawful search and seizure. Evidence that was discovered during an illegal search cannot be used against you.
Your Sugar Land Criminal Defense Lawyer
If you have been arrested on criminal charges, you should reach out to qualified Sugar Land drug crimes lawyer, Adam Capetillo. A longtime resident and Fort Bend County native, he has the respect of the local courts and will work with prosecutors to get charges reduced or dismissed. The Capetillo Law Firm has your back and will do everything in its power to defend you against drug-related crimes. Call (346) 249-5544 24/7 and do not submit to questioning by law enforcement until you have your attorney with you.