The Texas Controlled Substances Act
Being involved in the growing, cultivating, or manufacturing of a controlled substance is illegal in the state of Texas. Through the Texas Controlled Substances Act, penalties for these crimes may result in serious charges, including heavy fines and prison time.
You’re going to want all the help you can get to win your case ⎼ call Phillip Linder today and let his experience in the courts of Dallas work for you.
Four Factors that Determine Your Penalty
In the state of Texas, arrests for manufacturing charges can lead to very different consequences depending on several factors. Penalties for these crimes are divided into four groups with specific classifications, applying charges as necessary. The factors that determine your penalty include:
- Quantity of the Drug – How much of the drug was manufactured? The amount of the substance found can enhance the severity of the charge.
- Type of Drug – Drugs are separated into different penalty groups and result in unique consequences based on their potential for abuse.
- Method of Manufacturing – Location and method often affect the charges. This includes the level of involvement, extraction, packaging, and more.
- Criminal Record – Are you a first-time offender? Consequences may vary depending on your previous record.
Penalties for Drug Manufacturing
Misdemeanor Drug
Those who are arrested for manufacturing small amounts of minor drugs or drugs not included in one of the four penalty groups are likely to be charged with a Class A misdemeanor. While not as severe as a felony, a Class A misdemeanor can result in up to one year in jail and a fine up to $4,000.
Penalty Group Drugs
Manufacturing any drug from one of the four penalty groups can lead to a long jail sentence, depending on the type and quantity of the drug, as well as the circumstances surrounding the crime. The maximum penalties that may be given to those charged with manufacturing a penalty group drug are up to 99 years in prison and fines of up to $25,000.
Potential Defenses to a Drug Manufacturing Case
If you’ve been arrested for manufacturing drugs in Texas, it’s worth putting a full effort into defending your case to reduce the penalties and potentially end up with no consequences.
These are some effective defense strategies we can use when defending drug manufacturing cases:
- Illegal Search and Seizure ⎼ If we can prove that the arresting officer illegally searched your vehicle without permission, this may be a viable strategy for winning your case.
- False Accusation ⎼ It’s possible that a witness mistakenly identified you in this crime, or that you have an alibi that confirms it actually wasn’t you. If this can be proven, it might be effective for your case.
- No Knowledge of the Crime ⎼ Sometimes a defendant may be caught in an area where drugs are being manufactured, but not have knowledge of what was happening. This can be a successful strategy depending on the circumstances.
Frequently Asked Questions
What are controlled dangerous substances?
Controlled dangerous substances, known as CDS, are substances with high potential for abuse and severe physiological or physical dependence. These drugs include heroin, cocaine, meth, and marijuana. The compounds used to manufacture the following drugs are also included: narcotics, synthetic steroids, depressants, and stimulants.
Which substances are in the four penalty groups?
In Texas, possession of a controlled substance carries different charges depending on the type and amount of the drug, and the intent to sell. Substances are divided into four groups of drugs:
- Penalty Group 1: cocaine, mescaline, ketamine, methamphetamine, opioids, opium derivatives or opiates (including heroin), psilocybin, and comparable hallucinogens
- Penalty Group 2: PCP, ecstasy (MDMA), hashish and other cannabinoids derived from cannabis or marijuana
- Penalty Group 3: opiates and opioids not listed by Group 1, as well as anabolic steroids, benzodiazepines, sedatives, and prescription drugs
- Penalty Group 4: opiates and opioids not listed by Group 1 or 3, along with chemical compounds and some prescription medications with potential for abuse
What constitutes drug manufacturing?
The state law of Texas defines manufacturing a controlled substance, or drug, as the compounding, conversion, preparation, processing, production, or propaganda of a controlled substance. This includes a number of factors, such as:
- Direct or indirect involvement in chemical synthesis
- Extraction from natural substances or synthesis and extraction
- Packaging or repackaging of a controlled substance
- Labeling or labelling the container used
Why should I seek legal guidance?
If you’re accused of manufacturing a controlled substance, it’s crucial to seek legal guidance and establish a strong criminal defense. An attorney can help you understand your rights and options, as well as reduce potential charges. Being accused of this crime is a serious charge in the state of Texas and can cause detrimental effects to your future ⎼ you’ll want an experienced attorney like Phillip Linder by your side.
Boost Your Chances of Winning With Phillip Linder
An arrest for drug manufacturing often carries harsh penalties, and you’ll want an attorney with experience by your side. Phillip A. Linder has many connections in the Dallas area and has worked in the local courts for over 25 years.
Count on his knowledge and experience to work for you – contact us for a free consultation today.