CHARGES FOR GROWING MARIJUANA AND OTHER DRUGS
Drug cultivation generally refers to the growing of certain natural elements, such as plants, to turn them into or use them as illegal controlled substances — often for delivery or distribution to others. Cultivation is a term that is usually used for growing marijuana (which is sometimes also referred to as “marihuana”) — a drug that is currently illegal in the state of Texas, even for medicinal purposes. The criminal offense of drug cultivation occurs when a person grows certain drugs or drug-producing plants without the proper legal authorization. For example, someone who is authorized to grow marijuana for research purposes might be allowed to grow a certain amount of the drug without legal repercussions.
Someone who does not hold such authorization and is found to have grown marijuana could end up being criminally charged with drug cultivation. Anyone who is accused of illegally cultivating marijuana or other drugs can be at risk of suffering various damaging consequences if he or she is convicted. Even if there are legitimate reasons behind the circumstances, such as the person’s lack of knowledge of the drugs on his or her land or property, Texas prosecutors will likely still aggressively try to prove the defendant’s guilt. For this reason, is best for individuals facing these types of charges in the Houston area to consult with a capable defense attorney. Jim Medley & Associates P.C.’s criminal lawyers and defense attorneys handle many different types of drug crimes and are ready to assist you.
Texas has laws that make both drug manufacturing and drug cultivation illegal. Individuals who are convicted of these offenses can receive penalties such as jail time, prison time and expensive fines. The severity of these sentences depends on the type of drug and the drug amount. Many marijuana cultivation cases involve law enforcement officers discovering large numbers of marijuana plants growing in houses or other areas of the defendant’s property or properties. Drugs that are found to be illegally cultivated can – under Texas law – be seized by and forfeited to the state.
There are many ways to fight drug cultivation charges. For a person to be found guilty of such an offense, the individual must have been aware that the drug was growing on his or her property. It might be possible to challenge the allegations by raising doubt that the defendant actually knew about the marijuana or other drugs that were being cultivated on his or her premises. Another common method that is used for challenging these charges is to show that law enforcement officers violated the defendant’s constitutional rights when obtaining the evidence.
Officers must follow certain protocols when conducting drug bust operations, including having the appropriate level of probable cause (and, usually, the appropriate search warrants) to search someone’s property for drugs. When these protocols are adhered to, it could be possible to have key evidence suppressed from court proceedings or the case entirely dismissed. In other situations, it might be possible to show that the individual possessed the drugs but was not actually cultivating them. This could lead to a reduction of charges, such as to those for drug possession, which could end up being less damaging to the defendant.
CONTACTING A COMPETENT HOUSTON DRUG CRIME ATTORNEY
By reaching out to the skilled legal team at Jim Medley & Associates, you can receive assistance from seasoned lawyers who fully understand how the opposition in your case operates. Their attorneys have years of experience working for law enforcement agencies in Texas, and they also have other valuable experience in the criminal justice field. The firm’s team has extensive insight into how criminal cases are prosecuted, which allows them to help clients build the best defense plan possible. Contact a Houston drug crime lawyer from their firm today to receive the top-rate legal representation you need!