Drug manufacturing is a serious charge and is considered a felony in the state of Texas. The penalties for a drug manufacturing conviction are severe and depend largely on the type of drug being manufactured and the amount of drugs found in your possession. Texas law classifies controlled substances into four distinct categories that correspond to the potential for abuse and the medical use of these drugs.
Group One drugs include cocaine, methamphetamine, heroin, LSD, and other drugs with no established medical use and with a high propensity for abuse and addiction.
Group Two drugs include hallucinogens like mescaline as well as Ecstasy; these drugs are not commonly used for medicinal purposes and carry a high risk of abuse and dangerous activities by individuals under their influence.
Group Three substances include commonly prescribed opiates and depressants like Xanax, Ritalin, and Valium.
Group Four controlled substances are generally from the opiate family and include medications like Dionine and Buprenorphine.
Marijuana is not classified within the four controlled substance categories under Texas law. Additionally, manufacturing charges for marijuana generally fall under the charge of cultivation of marijuana and as such is considered separately from the drugs appearing in Groups One through Four of the Texas Health and Safety Code.
The charges for manufacturing drugs vary considerably depending on the amount and the penalty group of the drugs in question.
For Group One drugs, manufacturing convictions incur the following penalties:
Manufacture of less than one gram is a state jail felony punishable by up to two years in state jail and a fine of not more than $10,000.
Manufacturing one to four grams is a second-degree felony and can lead to up to 20 years in jail and a fine of not more than $10,000.
Manufacture of four to 200 grams is a first-degree felony with possible penalties of up to 99 years in prison and a fine of up to $10,000.
Manufacture of between 200 and 400 grams is an enhanced first-degree felony and can result in 99 years in prison and a fine of as much as $100,000.
Manufacturing 400 grams or more is also an enhanced first-degree felony punishable by up to 99 years in prison and a fine of up to $250,000.
The penalties for the manufacture of drugs in Groups Two through Four are similar, especially for large quantities of these controlled substances. Additionally, penalties can be much harsher if the manufacture took place in a designated drug-free zone, if prior convictions are on your record, or if other charges are alleged in connection with the manufacturing. Enlisting the help of a qualified Houston criminal defense attorney is essential to prevent extended prison sentences for these offenses.
If you have been arrested for the manufacture of controlled substances, Matthew Gallagher can provide expert legal help for your case. As a qualified Houston drug lawyer, Matthew Gallagher has the knowledge and insight necessary to create an effective defense and to identify weaknesses and issues in the prosecution’s case. Often such weaknesses or issues can be leveraged in the client’s favor against the state.