No Texas Law against Growing Marijuana… But It’s Still a Crime
Even though there are no specific marijuana cultivation laws in Texas at this time, don’t just assume that you can do it without any repercussions. In fact, if you are caught cultivating marijuana, penalties range from up to 180 days in jail and up to $2,000 in fines to life in prison and up to $50,000 in fines.
How is that possible if there is no actual law here against cultivation? To understand, we first need to define “cultivation” itself.
What It Means to Cultivate Marijuana in Texas
Marijuana cultivation occurs when an individual grows or harvests leaves or buds from cannabis plants. The individual might use the plants for medical, medicinal, or personal purposes, or sell and distribute the marijuana.
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.
Some states have legalized the cultivation of marijuana plants for specific purposes. However, at this time, the only cannabis plants growing legally here are in Schulenberg, Texas – for medical marijuana. Any individual or business found growing or cultivating marijuana beyond this one approved source will charged for criminal possession of marijuana plants.
Which is how the state criminalizes cultivation without actually writing a specific law for it. So, what does it mean to be charged with marijuana possession in our state?
Cultivation Covered by Texas Laws on Marijuana Possession
The most important thing to remember if you are facing marijuana possession charges is that a criminal conviction is not guaranteed. The prosecution must prove several elements to secure a conviction. If every element is not proven beyond a reasonable doubt, the charges against you can be dropped or reduced. The best way to achieve a positive outcome is to work with an experienced Texas drug crimes lawyer to build a solid defense against your charges.
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.
If the police suspect that you are growing or cultivating marijuana, they can request a warrant to search your property and seize any evidence that can be used against you in court.
In Texas, Marijuana Cultivation Penalties Mirror Possession Consequences
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 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.
A class A misdemeanor may apply for between two and four ounces of marijuana. A conviction can result in up to one year in jail, a fine of up to $4,000, or both.
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.
A third degree felony may apply for between five pounds and 50 pounds of marijuana. A conviction can result in two to 10 years in prison and/or a fine of up to $10,000.
A second degree felony may apply for between 50 pounds and 2,000 pounds of marijuana. A conviction can result in two to 10 years in prison and/or a fine of up to $10,000.
A first degree felony may apply for more than 2,000 pounds of marijuana. A conviction can result in five to 99 years or life in prison and/or a fine of up to $50,000.
If You are Facing Penalties Due to Marijuana Cultivation in Texas
Our attorneys will fight hard against the allegations you face and help you find the best outcome possible. We will study all of the evidence against you and look for the strongest defenses to the charges.
Depending on the specifics of your situation, we may be able to use the following defenses in your case:
- Lack of knowledge that marijuana was being cultivated
- Lack of intent to deliver
- Lack of intent to use for human consumption
- Not enough marijuana to qualify for charges
Contact us today to discuss the specific details of your case and set up a free initial consultation.
About the Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor, building cases designed to put people behind bars. Now, he uses that knowledge to protect the rights of people in and around Fort Worth, making sure they receive the strongest possible defense when they find themselves on the wrong side of the law. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.
Everything You Need to Know About Buying Marijuana Seeds in Texas
The Lone Star State is famed worldwide for its sprawling size and brash character. Texas is also a conservative place, though, especially outside of major cities like Houston, Dallas, San Antonio, and Austin.
Whereas many other states have forged ahead with marijuana decriminalization and outright legalization, Texas has lagged behind. The situation today is a bit complicated, but ungerminated marijuana seeds are clearly legal to buy and own. A quick look at some of the most significant issues could be helpful for Texans who would like to legally purchase marijuana seeds themselves.
A Conservative State Where Attitudes About Marijuana are Evolving
You might not know it from walking the laid-back streets of the capital city, Austin, but Texas is a politically conservative state. Although residents of the largest cities tend to lean leftwards, many millions who live in smaller towns keep the political balance tilted toward the right.
As a result, recent attempts to decriminalize or legalize marijuana in Texas have met with fairly stiff resistance. As far as pot fans are concerned, though, the situation is improving.
In 2019, a bill that would have decriminalized marijuana possession statewide secured support from a number of prominent Republican legislators. Pragmatism forced the Democrat who introduced the bill to water it down, but the penalties for possession were still lightened up.
Since Texas arrests tens of thousands of people for marijuana-related crimes each year, any kind of progress is welcome. Even the Texas Republican Party’s official platform now calls for decriminalization of marijuana possession, a shift that would have been unthinkable not so long ago. For now, though, Texas remains mostly stuck in the past with regard to the official, legal stance regarding marijuana distribution, possession, and use.
An Attempt to Legalize Hemp Production Adds to the Confusion
Even if many residents of Texas are still committed to keeping marijuana illegal, things are starting to change. Hoping to help farmers throughout the state, for example, Texas legislators in 2019 passed a bill meant to legalize the cultivation and sale of hemp.
Unfortunately for opponents of marijuana, the law was somewhat vague about where to draw the line between industrial hemp and other forms of cannabis. Faced with an inability to test at the required level of precision, police chiefs and prosecutors statewide started declining to press charges against people caught possessing hemp-like substances.
Marijuana Seeds are Legal to Buy and Own Throughout Texas
While things have been making a halting, mixed sort of progress on other fronts, the situation concerning marijuana seeds in Texas has not changed at all in recent years, and it has not had to. As in other states that do not specifically prohibit purchase or possession, it is entirely legal to buy and own marijuana seeds throughout Texas.
The reason for this is simply that ungerminated marijuana seeds do not contain enough psychoactive THC to be considered drugs in their own right. Just like most other Americans, residents of Texas are therefore entitled to obtain and possess marijuana seeds for “souvenir purposes” or other personal reasons.
Several Great Types of Marijuana Seeds for Texans to Consider
Fortunately, there are some convenient, reliable ways for Texans to buy many kinds of marijuana seeds. Some of the types that residents of the Lone Star State most often seek are:
are often sold in lots that include both male and female varieties. As only the female plant is of interest to most growers, buying this type of seed will normally mean needing to do some sexing once flowering begins. Even so, standard marijuana seeds tend to be robust and are often chosen by experienced growers. The seeds produced by standard plants can also be collected for planting or hybridization.
- A process known as “Rodelization” can be used to force marijuana plants to produce only female seeds. Unlike their naturally occurring counterparts, the plants that develop after germination will also be resistant to becoming hermaphroditic. As an especially safe, easy way to guarantee a full crop of female plants, buying Rodelized seeds can be a great option. . Growers normally encourage cannabis plants to flower by carefully controlling their exposure to light. Some strains of cannabis, though, will flower automatically once they mature sufficiently. Once again, this can make things easier on growers who lack experience or the time needed to create the conditions required for flowering.
High-Quality Seeds are Readily Available
Whether for feminized, auto-flowering, or standard marijuana seeds, Texans have plenty of excellent options to consider. Some of the specific kinds of seeds that are most popular with buyers in the Lone Star State are:
- Blue Dream Fem. With a nearly perfect rating and a moderate, manageable THC load, Blue Dream Fem is a favorite of Texans looking for feminized marijuana seeds. Blue Dream’s distinctive, blueberry-like aroma is instantly recognizable. The sticky, crystal-coated buds that Blue Dream Fem plants produce contribute to the energetic, uplifting feeling that so many sativa fans savor.
- Auto Bruce Banner Fem. For years, marijuana fans who gravitate toward indica considered the OG Kush strain one of the highlights of the species. The Strawberry Diesel sativa hybrid was hardly less popular among people who prefer a lighter, more focused buzz. The auto-flowering, feminized version of the Bruce Banner strain combines these two classics in a way that made it an instant hit.
- Gorilla Glue. A descendant of several revered strains, Gorilla Glue is a potent hybrid that delivers an intense indica high. Buyers interested in saving seeds for subsequent crops or in hybridizing the strain further opt for the regular version of this popular seed.
Buying Marijuana Seeds in Texas is Easy, Legal, and Fun
While growing, possessing, and using marijuana in Texas is still prohibited by law, there are no such obstacles in the way of people who would like to buy seeds to have as souvenirs. It has never been easier for Texans to browse and purchase marijuana seeds from the comfort of home.
Whether feminized, auto-flowering, both, or regular, our top-quality seeds are ready to be shipped anywhere in Texas. Have a look around the website and you’ll discover many interesting marijuana seeds to buy and collect.
Outdoor Grow Calendar Our marijuana growing calendar will take you through every step of the grow cycle, depending on the region you are growing in North America.
Buy Marijuana Seeds in Texas
Laws on Buying & Growing Marijuana Seeds in Texas in 2022. Growing Tips, Recommended Seed Strains, and the Best Seed Banks That Deliver to the Lone Star State.
Although Texas holds the reputation for the harshest cannabis laws in the United States — the Lone Star State is slowly but surely adopting progressive cannabis laws.
From legal obstacles to less-than-ideal weather, Texas isn’t the most accessible place to grow marijuana seeds. However, marijuana growers have found unique ways to cultivate cannabis seeds in Texas with a few easy methods.
If you’re ready to grow cannabis seeds in Texas, read along and discover everything you need to know to secure a top-shelf harvest. You’ll find information on cannabis laws, recommended seed banks that deliver to Texas, top-rated grow tips, and top-shelf seed strains for this growing season.
In a Nutshell — The Legality of Marijuana Seeds in Texas
Overall, Texas isn’t a cannabis-friendly state.
If you plan on growing weed seeds, here is an overview of the legality of cannabis seeds and marijuana products in Texas:
- Recreational cannabis is illegal
- Medical marijuana is limited to low THC oil
- Buying marijuana seeds from local seed banks is illegal
- Growing cannabis seeds is illegal
As you can see, growing weed seeds is at your own discretion. Remember, cannabis cultivation is strictly illegal in Texas. Therefore, always consider your options when growing marijuana seeds in the Lone Star State.