Erath County Sheriff Tommy Bryant said the raid on Colleen McCool's home on Sept. 17 was initiated by DPS, not the sheriff's office.

"DPS spotted it from a helicopter that was out doing narcotics surveillance," he said.

Bryant said McCool was not under investigation by the sheriff's office and not on their radar until they were contacted by DPS that marijuana plants were spotted growing on her property.

Chief Deputy Jason Upshaw said the deputies who went to her home had no idea she was a 69-year-old woman.

"We had no idea who she was," he said.

He also defended the show of guns during the raid.

"A lot of times these people try to defend their plants," Upshaw said. "It can be a dangerous situation for these deputies to step into."

Upshaw said the 25 marijuana plants that were confiscated are in the process of being dried and weighed.

"That has to be completed before she can be charged," he said.

While Upshaw says he feels sorry for McCool, he reiterates that it's still illegal to use marijuana in Texas.

"We feel bad for her, but we can't pick and choose who we enforce the law against," Upshaw said. "The fact is marijuana is illegal in Texas."