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San Antonio Marijuana Cultivation ATTORNEY

Agents with law enforcement agencies in San Antonio and throughout Bexar County, TX, go to great lengths to find grow house operations where marijuana is being cultivated.

During these narcotics investigations, local law enforcement officers have experience finding indoor cultivation cannabis operations. When the officers located a suspected grow house, the officers will then attempt to secure a warrant to seize live plants, processed marijuana and various supplies related to the indoor cultivation of marijuana.

The detectives who work in the narcotics-investigations division have extensive formal training and investigatory experience in this area, including specific training on cases involving indoor cultivation and possession of marijuana.

Many of the narcotics investigators have handled hundreds of investigations involving indoor marijuana cultivation. Some of the detectives received advanced training in the detection, operation, and dismantling of indoor grow operations and are familiar with the characteristics of indoor marijuana grow operations.

Attorney for Marijuana Cultivation in San Antonio, TX

You also need an attorney experienced in fighting marijuana crimes to not only level the playing field but give you an advantage when fighting the case. Your attorney will file motions to suppress illegally seized evidence and motions to exclude prejudicial evidence.

If the case is not dismissed before trial, your attorney will also argue all of the reasons why the elements of the case cannot be proven, including a showing that you were actually in possession of the marijuana being cultivated.

If you are charged with being in possession of cultivated marijuana, then contact an experienced criminal defense attorney in San Antonio and Bexar County, TX, to discuss your case. Find out about the charges pending against you, ways to avoid the typical penalties and important defenses that can be used to fight for an outright dismissal of the charges.

Call (210) 899-7566 today.

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Ready to take action? Reach out to us today and let's start working towards your legal goals together. Whether you have questions about your case, need immediate assistance, or want to schedule a consultation, our experienced team is here to help.

Penalties for Cultivating or Growing Marijuana

The penalties for possession of marijuana are found in Chapter 12 of the Texas Penal Code. The statutes provide for misdemeanor or felony penalties depending on the amount of cannabis possessed including:

  • Possession of 2,000 pounds or more of marijuana can be charged as a felony of the first degree which is punishable by a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $50,000;
  • Possession of 50 pounds or more of marijuana, but less than 2,000 pounds can be charged as a felony in the second degree which can be punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000;
  • Possession of more than five pounds of marijuana, but 50 pounds or less can be charged as a felony of the third degree which is punishable with a prison sentence ranging from two to ten years and/or a fine up to $10,000;
  • Possession of five pounds or less of marijuana, but more than four ounces can be charged as a state jail felony punishable by a jail sentence ranging from 180 days to two years and/or a fine up to $10,000;
  • Possession of four ounces or less of marijuana, but more than two ounces can be charged as a class A misdemeanor with a jail sentence of up to one year and/or a fine up to $4,000; and
  • Possession of two ounces or less of marijuana can be charged as a class B misdemeanor which is punishable by a jail sentence of up to 180 days and/or a fine up to $2,000.
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Why Choose Flanary Law Firm, PLLC?

  • Constant Communication
    At our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
  • A History of Results
    With multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
  • Experience You Can Count On
    At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
  • Advice on Your Timeline
    We understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
  • Free Initial Consultations
    We understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
  • Personalized Legal Defense Strategies
    All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.

Possession of Marijuana in a Grow House Operations

Some factors are specific to a marijuana grow house. First, the courts will consider the fact that large quantity of contraband may be a factor affirmatively linking appellant to the contraband. Many complex and large-scale hydroponic operation found inside a home required a high degree of maintenance that included tending to the operation every day or every other day. Hydroponic cultivation of marijuana has a ninety-day growing cycle and the plants are often found in various stages of that cycle.

In these cases, the officers will often set up surveillance to determine who is coming and going from the residence. The officers will also determine who is paying the utility bill for the residence. For instance, in Poindexter v. State, 153 S.W.3d 402, 411 (Tex.Crim.App.2005), the court considered whether a utility bill for a house addressed to the defendant at the home, among other things, a fact finder could conclude that the defendant lived at a house.

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