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How does Texas define drug manufacturing and how is it penalized?

On Behalf of | Oct 4, 2021 | Criminal Defense |

If you are charged with a serious felony, such as the manufacturing of illegal drugs, you may feel like the cards are stacked against you. However, it is important to move forward with knowledge and an understanding of your rights. The following are the basics on drug manufacturing laws in Texas.

What constitutes drug manufacturing in Texas?

Drug manufacturing covers a variety of activities. It involves producing, preparing, advertising, converting, compounding or processing a controlled substance (except for marijuana which is addressed elsewhere in the Texas statutes). Drug manufacturing also includes packaging, repackaging or labeling of a controlled substance. However, these rules do not apply to pharmacists lawfully handling controlled substances or scientists using it for research, teaching or analysis with no intention of delivery.

What are the penalties drug manufacturing in Texas?

The penalties for drug manufacturing depend in part on what type of controlled substance is at issue and how much of the controlled substance is at issue. Today we are going to focus on “Penalty Group 1” drugs, which includes LSD and fentanyl, among other drugs and compounds.

If you manufacture less than one gram of Penalty Group 1 drugs, it is a state jail penalty. If you manufacture one or more grams of a Penalty Group 1 drug but less than four grams of a Penalty Group 1 drug, it is a second-degree felony. If you manufacture four or more grams of a Penalty Group 1 drug but less than 200 grams of a Penalty Group 1 drug, it is a first-degree felony. Finally, if you manufacture 200 grams of more of a Penalty Group 1 drug but less than 400 grams of a Penalty Group 1 drug, you could receive a life sentence and a fine of up to $100,000. This fine goes up to $250,000 if you manufacture 400 grams or more of a Penalty Group 1 drug.

Learn more about your rights if you are accused of drug manufacturing

It is important to remember that no matter how serious the criminal charges you face are, you still have rights that the police and prosecutors cannot violate. Never lose hope, even when the stakes are high. With the right help and knowledge, you can develop a solid defense strategy to counter the charges you face.