Manufacturing or cultivating an illicit drug is considered to be a violation of the Texas Controlled Substances Act, and there are a number of them that have been placed into four groups with their own set of penalties. Marijuana has its own classification, so it’s separate from the other four groups. Prosecutors must also be able to prove beyond a reasonable doubt that you have manufactured or cultivated the substance with the intention of delivering it someone else.
Laws Related to Drug Manufacturing and Cultivation
If you have been charged with drug manufacturing or cultivation, you might be able to prove the following in your defense:
- You didn’t know that the substance was being manufactured or cultivated.
- You had no intention of delivering the substance to other people.
- You had no intention of consuming the substance.
- You didn’t manufacture enough to justify the charges.
- The drug has been proved by the Federal Food, Drug, and Cosmetic Act.
- The drug is classified as medical marijuana.
- The drug has been prescribed by a medical doctor, and it has been cultivated for personal use and for what it has been prescribed.
Addiction is never an adequate defense, so be sure to speak to a qualified attorney for more information about your case.
The penalties for drug manufacturing and cultivation can vary, and they may be based on a number of factors. These can include but may not be limited to:
- The type of drug
- The quantity of the drug
- How the drug was being cultivated
- Past convictions for drug charges
Texas has severe penalties for drug-related charges, and drug manufacturing or cultivation can result in a state-jail felony (which can have a sentence of 180 days and up to two years in a state prison with a fine of more than $10,000). You could also be charged with a first-degree felony, which can result in life in prison and fine of up to $250,000. However, the specific charge and penalty will depend on which group the drug falls under and how much was involved. If you manufactured a controlled substance that isn’t listed in any of the penalty groups, you’ll be charged with a Class A misdemeanor. This will have a sentence of up to one year in a county jail and a fine of up to $4,000.
Whether a person has died or was seriously injured during the manufacturing or cultivation process can also affect your sentence. If this is the case, your punishment can be increased. And because new legislation and other factors can result in changes to the current drug laws, you should always speak to a qualified attorney. Gale Law Group continues to stay up-to-date on any possible changes, and our team has years of combined experience in drug cases as well as other areas of criminal defense.
If you want to know more about how we can help you, feel free to get in touch with us. We would be happy to speak with you!