Texas Drug Laws: Manufacturing Charges
Definition & Scope of Drug Manufacturing
In the state of Texas, drug manufacturing is defined as the “production, preparation, propagation, compounding, or processing of a controlled substance” excluding marijuana (Texas Health and Safety Code § 481.002). This can include directly extracting substances from natural sources or chemically synthesizing new compounds. Drug manufacturing also encompasses the packaging and labeling of drugs for distribution.
How Texas Drug Laws Define Controlled Substances
Legally, controlled substances include any substance considered a drug, adulterant, and/or dilutant classified as a Schedule I through V drug or included in Penalty Group 1, 1-A, 1-B, 2, or 2-A. Here are some of the commonly known substances that fall into each category:
- Heroine, hydrocodone, meth, and cocaine are Schedule I drugs, which are drugs that have no currently accepted medical purpose but have a high potential for abuse.
- OxyCotin, fentanyl, Adderall, Ritalin, and Dilaudid are Schedule II drugs, which include substances and chemicals that have a great chance for abuse, and that’s chronic use can lead to severe dependency physically and psychologically.
- Tylenol with codeine, testosterone, and anabolic steroids are Schedule III drugs, which include drugs that have a moderate to low-risk potential for dependency.
- Ativan, Ambien, and Xanax are Schedule IV drugs, which include drugs with both a low risk of abuse and dependence.
- Robitussin AC (cough medicine with less than 200 milligrams of codeine), Lomit, and Lyrica are Schedule V drugs, which include drugs that have a lower risk of being abused than Schedule IV substances and that have limited quantities of select narcotics.
Legal Consequences of Drug Manufacturing
The penalties for drug manufacturing in Texas are severe and can vary widely depending on the quantity and type of controlled substance involved. Convictions can also vary based on the Penalty Group that the substances fall into.
- Manufacturing less than one gram is considered a state jail felony.
- Manufacturing one gram to 3.99 grams is a second-degree felony.
- Manufacturing four grams to 199.99 grams is a first-degree felony.
- Manufacturing 200 grams to 399.99 grams is also a first-degree felony.
- Manufacturing 400 grams or more also falls under a first-degree felony. The penalties increase significantly at this level, with a minimum mandatory sentence of 15 years up to 99 years or life in prison and a fine of up to $250,000.
Penalty Group 1-A primarily includes LSD salts, isomers, and salts of isomers, which are measured by units rather than grams. The penalty breakdown for manufacturing substances in Penalty Group 1-A is as follows:
- Manufacturing fewer than 20 units is considered a state jail felony.
- Manufacturing 20 units to 79 units is a second-degree felony.
- Manufacturing 80 units to 3,999 units is a first-degree felony.
- Manufacturing 4,000 units to 7,999 units is also a first-degree felony.
- Manufacturing 8,000 units or more also falls under a first-degree felony. The penalties increase significantly at this level, with a minimum mandatory sentence of 15 years up to 99 years or life in prison and a fine of up to $250,000.
The penalty breakdown for manufacturing substances in Penalty Group 1-B is as follows:
- Manufacturing less than 80 units is considered a state jail felony.
- Manufacturing 80 to 4,000 units is a second-degree felony.
- Manufacturing 4,000 to 8,000 units is a first-degree felony.
- Manufacturing more than 8,000 units is an enhanced first-degree felony. Penalties include a fine not exceeding $100,000 and a minimum mandatory prison term of 15 years, which can extend up to 99 years or life imprisonment.
Penalty Group 2 substances primarily include substances that are considered hallucinogenic, and Penalty Group 2-A in Texas primarily refers to synthetic cannabinoids, often known as "K2" or "Spice." The penalty breakdown for manufacturing substances in Penalty Group 2 or 2-A is as follows:
If you are found manufacturing less than one gram of a substance in Penalty Group 2 or 2-A, you can be charged with a state jail felony. The penalties for this charge can include:
- A jail term of up to 2 years
- A fine of up to $10,000
Manufacturing between one and four grams is a second-degree felony. If convicted, you may face:
- A prison sentence between 2 to 10 years
- A potential fine of up to $10,000
The manufacture of four grams to 400 grams of a Penalty Group 2 or 2-A substance is considered a first-degree felony. Penalties include:
- A prison sentence ranging from five to 99 years
- A fine of up to $10,000
If you're found manufacturing more than 400 grams of a substance in Penalty Group 2 or 2-A, this is also a first-degree felony. The penalties become substantially more severe, including:
- A minimum mandatory sentence of 10 years, up to life imprisonment
- A fine of up to $100,000
Enhancements & Aggravating Factors
Several circumstances can lead to enhanced charges and penalties for drug manufacturing in Texas. For example, if the manufacturing operation is within a designated drug-free zone, such as near a school or playground, penalties can be significantly increased. Involving minors in the manufacturing process or possessing firearms at the manufacturing site are also aggravating factors that can lead to harsher sentencing.
Get Legal Counsel
In Texas, facing manufacturing drug charges is daunting, but an experienced defense attorney can be your lifeline. That’s where our firm comes in— The Clark Law Firm can tirelessly fight to defend your rights and protect your freedom should you face drug manufacturing charges.
Once you retain our services, we can offer you tailored counsel and defense strategies. To help bolster your defense, our team can:
- Dissect the prosecution's case, scrutinizing evidence for flaws like improper search and seizure procedures or faulty lab analysis.
- Explore potential defenses like mistaken identity, lack of intent, or entrapment.
- Fight for evidence suppression, potentially dismantling the entire case, if police procedures were mishandled.
- Advocate for alternative sentencing options like drug treatment programs and negotiate plea bargains that minimize consequences.
Remember, you're not alone in this fight. Our skilled professionals can give you a voice, challenge the prosecution's narrative, and work tirelessly to protect your freedom and future.
Schedule an initial consultation by calling (817) 435-4970. We offer aggressive legal counsel.