Texas takes the War on Drugs very seriously. With some of the most stringent laws and punishments in the U.S., you should never take drug manufacturing or another drug arrest in Texas lightly. Even if you are facing a misdemeanor charge, a conviction could completely alter your way of life.
Drug manufacturing in Texas is a felony of various degrees, depending on the case. If you are convicted of a drug manufacturing felony in Texas you are facing an intimidating list of punishments – including large fines, jail time, loss of the right to vote, and loss of the right to own or possess a firearm. An experienced drug defense attorney can use any mitigating circumstances in your case to fight for your right to keep your freedom.
Drug Manufacturing Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
With decades of combined experience, our Dallas criminal defense lawyers will examine your case in detail and fight for a favorable outcome.
Definition of Drug Manufacturing in Texas
According to the Texas Controlled Substances Act Section 481.002, drug manufacturing is defined as the production, propagation, preparation, compounding, conversion, or processing of a controlled substance through natural extraction and/or chemical synthesis, including packaging, repackaging, or relabeling of the substance. This section specifically excludes marijuana, which is covered under production.
Drug manufacturing is only legally allowed when performed by a licensed practitioner in the administering or dispensing of the controlled substance in the course of duty or the research, teaching, or chemical analysis of the substance with no intent to distribute in the same course of duty. Texas code is very specific with regards to the legal issues surrounding drug manufacturing; an experienced Dallas drug trafficking attorney can help you sort through the code as it applies to your case.
Texas Drug Penalty Groups
In addition to adopting the federal standard of drug schedules, Texas has penalty groups to more effectively define state expectations when it comes to handling drug cases. Each penalty group is based on the effect on the individual and practicality for medical use.
Controlled substances included in penalty groups include, but are not limited to:
Penalty Group 1
Penalty Group 1a
Penalty Group 2
- Drugs with depressant effects on the central nervous system
Penalty Group 3
- Drugs with a stimulant effect on the central nervous system
- Anabolic steroids
- Hydrocodone – Less than 300mg
- Codeine – Less than 1.8 grams
Penalty Group 4
- Narcotic drugs that contain at least one non-narcotic active medical ingredient
An experienced defense lawyer will be able to show you where your alleged offense falls in relation to these penalty groups and the federal drug schedules so you will know the severity of the penalty you are facing.
TX Drug Manufacturing Offenses and Penalties
What drug manufacturing felony you face depends largely on what type of drug you were allegedly manufacturing and how much. If the amount is large enough, there are penalties specifically tailored to the drug manufacturing offense itself, as opposed to smaller quantities that follow penal code standards when it comes to punishment.
State Jail Felony – $10,000 Fine and 2 Years of Jail and/or Probation
- Less than 1 gram of Penalty Group 1 or Penalty Group 2 substance
- Less than 20 units of Penalty Group 1a substance
- Less than 28 grams Penalty Group 3 or Penalty Group 4 substance
Second-Degree Felony – $10,000 Fine and 20 Years of Jail and/or Probation
- 1-4 grams of Penalty Group 1 or 2 substance
- 20-80 units of Penalty Group 1a substance
- 28-200 grams of Penalty Group 3 or 4 substance
First-Degree Felony – $10,000 Fine and 99 Years of Jail and/or Probation
- 4-200 grams Penalty Group 1 substance
- 80-4,000 units Penalty Group 1a
- 4-400 grams Penalty Group 2 substance
- 200-400 grams Penalty Group 3 or 4 substance
$100,000 Fine and 10 Years to Life in Prison
- 200-400 grams Penalty Group 1 substance
- 400 grams or more of Penalty Group 2, 3, or 4 substance
$250,000 Fine and 15 Years to Life in Prison
- More than 400 grams Penalty Group 1 substance
- More than 4,000 units Penalty Group 1a substance
Remember, in addition to jail time and fines, as a felon you could also face community service, punitive damages, mandated diversion programs or treatment, and revocation of certain rights. Don’t lose your freedom and your quality of life to a drug manufacturing charge. Call an experienced drug manufacturing defense lawyer today.
Federal Drug Manufacturing Offenses and Penalties
The penalties for drug manufacturing in Texas may seem harsh, but Texas is only a proponent of the War on Drugs, which is a federal initiative that was started by President Nixon. This means that in addition to facing state charges you could also face federal charges for manufacturing illegal drugs.
These offenses are defined under the Controlled Substance Act in 21 U.S.C. §§ 807 et seq. and have much harsher punishments including seizure of assets and lengthy prison sentences without parole.
Drug manufacturing is prohibited both under state law and federal law. Under the federal law outlined in 21 U.S. Code (USC) § 841, it is illegal for any person to knowingly or intentionally manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance. This includes the creation, distribution, or possession with intent to distribute a counterfeit substance.
The severity of the penalties for drug manufacturing under federal law depends on the type and quantity of the controlled substance involved. For example, if the violation involves certain quantities of substances such as heroin, cocaine, phencyclidine (PCP), lysergic acid diethylamide (LSD), methamphetamine, or marijuana, the alleged offender can face significant penalties.
For violations involving larger quantities of controlled substances, such as specified weights of heroin, cocaine, PCP, LSD, methamphetamine, or marijuana, the alleged offender can be sentenced to a term of imprisonment ranging from a minimum of 10 years to life. If death or serious bodily injury results from the use of such substances, the minimum sentence increases to 20 years or life. The fines imposed can reach up to $10,000,000 for individuals or $50,000,000 for entities, or both.
If an individual commits a violation after a prior conviction for a serious drug felony or serious violent felony, the penalties become even more severe. The minimum sentence can increase to 15 years or life imprisonment, and the fines can be doubled.
For violations involving smaller quantities of controlled substances, the penalties are less severe but can still lead to significant punishments. The term of imprisonment can range from 5 years to 40 years, and if death or serious bodily injury results, the minimum sentence becomes 20 years or life. The fines imposed can reach up to $5,000,000 for individuals or $25,000,000 for entities, or both.
In cases involving controlled substances in schedule I or II, gamma hydroxybutyric acid, or flunitrazepam, the maximum term of imprisonment is 20 years, or life if death or serious bodily injury results. The fines can be up to $1,000,000 for individuals or $5,000,000 for entities, or both. For individuals with a prior conviction for a felony drug offense, the maximum term of imprisonment can increase to 30 years, and the fines can be doubled.
However, it’s important to note that specific penalties can vary depending on the circumstances of the case, federal sentencing guidelines, and other factors. It’s advisable to consult with a legal professional, such as a criminal defense attorney, for a comprehensive understanding of the potential consequences in a particular situation.
Collin County Drug Manufacturing Resources
Drug Facts | DEA — The Drug Enforcement Administration (DEA) website provides a section called “Drug Facts” that offers information about various types of drugs. It covers both illicit drugs and prescription medications, providing details on their effects, risks, and potential for abuse. The website also includes information about drug scheduling, which refers to the classification of drugs based on their potential for abuse and medical use under the Controlled Substances Act.
Law Enforcement Action Partnership (LEAP) — LEAP is a nonprofit organization composed of current and former law enforcement officials, including police officers, prosecutors, judges, and corrections officials. They advocate for criminal justice and drug policy reforms with the goal of creating safer and more just communities. LEAP takes the position that drug abuse should be addressed as a public health issue rather than solely through law enforcement measures. They support ending drug prohibition, releasing drug offenders, expunging their criminal records, and restoring their civil rights.
Find A Dallas County Defense Attorney for Drug Manufacturing Charges | Law Offices of Richard C. McConathy
Drug manufacturing, especially in conjunction with trafficking, is a big concern of the War on Drugs. Drug manufacturing, especially in conjunction with trafficking, is a big concern of the War on Drugs. Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.