Drug crimes are vigorously prosecuted in Texas and require a strong criminal defense. Depending on the type of drug and the activity involved, you could be facing a possibly lengthy jail sentence. Texas laws regarding drug manufacturing and cultivation are among the most serious in the nation and could lay the groundwork for having additional charges filed against you.
With any type of drug crime in Texas, the type of drug involved is pertinent to your case and the possible penalties you could be facing. Texas drug schedules classify illegal substances into five different categories:
● Schedule I: These are drugs with a high potential for abuse and include heroin, crack cocaine, LSD, and marijuana.
● Schedule II: These also have a high risk for abuse but some medicinal use. They include drugs such as morphine, cocaine, and oxycodone.
● Schedule III: These include drugs which are commonly prescribed, such as hydrocodone and Tylenol with codeine, along with anabolic steroids.
● Schedule IV and V: These include mildly addictive and commonly prescribed medications such as certain painkillers, muscle relaxers, and anti-anxiety medications.
Manufacturing involves duplicating these substances illegally in a lab, while cultivation usually involves growing marijuana plants. The schedule of drugs you are producing influences the severity of the charges you face.
Penalties for drug manufacturing and cultivation in our area are governed by the Texas Controlled Substances Act . Similar to drug schedules, state law has four different penalty groups for manufacturing, with a fifth group for cultivation of marijuana. Penalties associated with each include:
● Penalty Group 1 or 2: This generally includes schedule I and II drugs. Maximum penalties include fines up to $250,000 and life imprisonment, depending on the quantity of drugs involved.
● Penalty Group 3 or 4: This generally includes duplicating prescription medications, such as sedatives, painkillers, steroids, or stimulant drugs. Maximum penalties involve fines up to $10,000 and up to 20 years in jail.
● Marijuana Group: For two ounces or less, penalties for marijuana cultivation generally include fines up to $2,000 and up to 180 days in jail. For larger amounts, fines increase to anywhere between $4,000 and $50,000, with up to a 10-year prison sentence.
If you are manufacturing or cultivating large amounts of drugs, the intent to distribute may be assumed by law enforcement officials and prosecuting attorneys in your case. Trafficking or distribution involves even heavier penalties and could result in federal charges being filed against you.
If you are facing any type of drug charges, it is important to reach out immediately and get Granger and Mueller PC on your side, building a strong legal defense. Contact our Travis County drug crime lawyers today and request a consultation to see how we can help you.