Under the Texas Health and Safety Code and the Texas Controlled Substances Act, there are certain substances that are illegal within the state. While unlawful possession of these substances can result in harsh consequences for those convicted, the manufacturing of these drugs is considered a more serious crime. In many cases, a conviction could result in the accused spending the rest of his or her life in prison.
Due to the serious nature of these crimes, it is vital that anyone facing charges speaks to a Travis County drug attorney for help right away.
Manufacturing of Drugs Defined
The Texas Controlled Substances Act defines the manufacturing of drugs as the production or preparation of a controlled substance. Growing or breeding plants considered controlled substances is also included in the definition. For example, if someone grew poppies to extract the opium, this is considered manufacturing a drug.
The definition within the Act also includes packaging a controlled substance. This means that even when someone had no involvement with the manufacturing or creation or a drug, he or she could face manufacturing of drugs charges if that person had any involvement in packaging the drug.
There are many types of drugs a person can be charged with manufacturing. In Texas, methamphetamine is one of the most common. This is due to the fact that while other controlled substances are often imported from other areas, methamphetamine is commonly manufactured within Texas. Other types of drugs associated with this offense include cocaine, heroin, steroids, and prescription drugs.
Marijuana, although illegal to possess or grow for most people in the state, is not covered under Texas’ manufacturing of drugs laws. Marijuana is considered its own separate category, with its own set of laws.
Manufacturing of Drugs Penalties
In Texas, the charge of manufacturing drugs is typically considered a felony. Penalties for this crime are divided into categories. Each category lists the drugs included within it, and penalties for manufacturing varying amounts of those substances.
When a person faces felony charges for manufacturing drugs listed within the penalty categories, the penalties are harsh, regardless of the category. They range from 180 days in state prison and a maximum fine of $10,000 to life in prison and a maximum fine of $250,000.
If the drug manufactured is not listed within one of the penalty groups, the charge is a Class A misdemeanor. While these penalties are still harsh, they are not as severe as felony charges. Those convicted face up to one year in county jail and a maximum fine of $4,000.
Facing Charges? Call Our Austin Criminal Defense Lawyers for Help
Facing charges for a drug crime can seem hopeless, but it is not. There are defenses available and our Travis County criminal defense lawyers know how to use them effectively. We can prepare a solid defense for your case and give you the best chance of a successful outcome. If you are facing charges, call us today at (512) 474-9999 or contact us online to schedule a meeting with an attorney.