What Texas Laws Stipulate About The Manufacturing and Delivery Of Controlled Substances
Texas is well-known for being one of the nation’s states with the strictest laws on drugs. Drug penalties vary based on the kind of illegal substance a person is charged with and convicted of. No matter what drug type a person is charged with, if it includes the manufacturing and delivery of a controlled substance charge, the financial and behind bar time is even stiffer.
Simple possession of a controlled substance can sometimes be designated as a misdemeanor, but if the intent is to manufacture and deliver the substance, it automatically becomes a felony.
What Does It Mean By Manufacturing Of A Controlled Substance
When you have been charged with manufacturing a controlled substance, you were creating an illegal substance in a makeshift lab (be it inside or outside) with equipment and chemicals using specific techniques to mix these chemicals and create a new substance. Texas law stipulates that no person is allowed to take part in the manufacturing of drugs that include but are not limited to:
- Crack cocaine
While a manufacturing and delivery charge can apply to nearly all illegal substances, these drugs can be cheaply made and sold for a high amount.
What Penalties Could A Conviction Net You In Texas
The state imposes different penalties on different drugs being made. The groups were developed on the possible danger the drug causes. It does take into consideration the drug’s medical use. For instance, a person convicted of meth-related charges is punished much more severely than a person facing a drug charge involving prescription pain meds.
Why is that? Methamphetamine is not an accepted substance for medical use, and doctors tend to prescribe pain medications all the time.
Three things determine a drug’s level of danger:
- How probable is addiction with the drug
- How probable it can be abused and overdosed
- The likelihood of leading to crimes
Texas’ four penalty groups are:
- Penalty Group 1 – meth or similar drugs
- Penalty Group 2 – ecstasy, THC edibles, or similar drugs
- Penalty Group 3 – some prescription medications such as painkillers
- Penalty Group 4 – certain kinds of prescription drugs and precursor chemicals
The penalties will also take into consideration the amount of drugs.
- Manufacturing of a gram or less – state jail up to two years
- Manufacturing of a gram to four grams – second-degree felony, up to 10 years in prison
- Manufacturing of 4 to 200 grams – first-degree felony, could be a life sentence in prison
- Manufacturing of 200 to 400 grams – minimum of 10 years with a possibility of 99 years or life
- Manufacturing of over 400 grams nets 15 to 99 years or life in prison
Be aware that drugs are categorized by total weight, which includes dilutants or adulterants. For instance, a person using another substance to make crack cocaine to add weight to their product and sell it for more money, the cocaine’s weight and the bulking agent are used. A minute amount of cocaine with another substance could result in a stiffer penalty. This is applicable to any illegal substance – LSD, meth, etc.
What Are The Legal Considerations?
According to Texas laws, the manufacturing and delivery of a controlled substance are located under the same penalty group, meaning the law “assumes” a person who is manufacturing a drug will also distribute them. This is regardless of whether or not they do it to make money. Texas law enforcement wants to shut down the drug rings, which means going after the producers and suppliers.
Small-time drug dealers are not the way to effectively deal with the bigger drug kings. Law enforcement is looking for individuals who are producing illegal drugs.
Anybody charged with the manufacturing and delivery of a controlled substance in Texas needs to speak with a highly qualified defense attorney to help them prepare a sound legal defense.
It’s essential to have a highly knowledgeable and experienced attorney by your side to represent you in court when you’ve been charged with this crime. Call today for a free consultation! Protect your rights with a phone call (817-924-2222) to Dewayne Huston, an Experienced Fort Worth Criminal Defense Attorney.