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.
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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
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 of 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.