Home » Criminal Defense » Drug Charges » Drug Manufacturing

Drug Manufacturing

Drug manufacturing, or cultivation, in Texas usually involves growing illegal drugs or creating illegal synthetic drugs in labs for the purpose of distributing or selling illegal drugs. Drugs that are often created in Texas include marijuana, methamphetamines, prescription drugs, steroids, heroin, and cocaine.

Houston Drug Manufacturing Defense Attorney

Most illegal drug manufacturing in Texas is created in methamphetamine labs, often in personal homes, or through marijuana cultivation, frequently produced in “grow houses.” If you or someone you know has been charged with manufacturing illegal drugs, it is important to hire an attorney who is experienced defending Texas and federal drug manufacturing charges.

Call criminal defense attorney Matt Horak for a consultation at (713) 225-8000, or toll-free at [phone-tollfree].

Methamphetamine “Meth” Labs

The most notorious drug manufacturing facilities in Texas are methamphetamine labs. These labs are used to create crystal meth, or ICE, which is made mostly of chemicals.

“Meth” labs are secret drug manufacturing labs often located in houses, offices, hotel rooms, vacant building and even moving vehicles. A primary ingredient used to manufacture methamphetamine is commonly found in pseudoephedrine, which is a decongestant that can be bought over the counter at many pharmacies. Someone who purchases more than the legal limit of pseudoephedrine each month can be charged with a drug manufacturing offense in Texas, which has severe penalties.

Drug Manufacturing Offenses in Texas

Someone who is charged with manufacturing illegal drugs can face penalties under both federal and Texas law.

The Texas Controlled Substances Act in the Texas Health and Safety Code defines potential offenses and penalties for manufacturing controlled substances in Texas in the following provisions:

TX Health & S § 481.112 – Manufacture or Delivery of Substance in Penalty Group 1
TX Health & S § 481.1121 – Manufacture or Delivery of Substance in Penalty Group 1-A
TX Health & S § 481.1122 – Manufacture of Substance in Penalty Group 1: Presence of Child
TX Health & S § 481.113 – Manufacture or Delivery of Substance in Penalty Group 2
TX Health & S § 481.114 – Manufacture or Delivery of Substance in Penalty Group 3 or 4
TX Health & S § 481.119 – Manufacture, Delivery or Possession of Miscellaneous Substances
TX Health & S § 481.124 – Possession of transport of Certain Chemicals with Intent to manufacture Controlled Substance
TX Health & S § 481.137 – Transfer of Precursor Substance for Unlawful Manufacture
TX Health & S § 481.141 – Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury
TX Health & S § 482.002 – Unlawful Delivery or Manufacture with Intent to Deliver: Criminal Penalty

Punishments for Drug Manufacturing Under Texas Law

Punishment for manufacturing illegal drugs in Texas depends on the penalty group the drug falls into, as shown in the table below:

Penalty Group	Drug Examples	Penalties
Penalty Group 1	Opiates, Ketobemidone, Methadol, Heroin, Opium derivatives, Cocaine and Cocaine Derivatives, GHB, Fentanyl, Rohypnol, Ketamine and Methamphetamine	Less than 1 gram – state jail felony More than 1 gram, but less than 4 grams – second degree felony More than 4 grams, but less than 200 grams – first-degree felony More than 200 grams, but less than 400 grams – 10 years to life in prison and a fine less than $100,00 More than 400 grams – 15 years to life in prison and a fine less than $250,000
Penalty Group 1-A	LSD	Less than 20 units – state jail felony More than 20 units, but less than 80 units – second-degree felony More than 80 units, but less than 4,000 units – first-degree felony More than 4000 units – 15 years to life in prison and a fine less than $250,000
Penalty Group 2	Hallucinogens, including DET, DOET, PMA, Mescaline, Tetrahydrocannabinols, other than marihuana, and anything containing any quantity of substances intended to have a depressant effect on the central nervous system	Less than 1 gram – state jail felony More than 1 gram, but less than 4 grams – second degree felony More than 4 grams, but less than 400 grams – first-degree felony More than 400 grams – 10 years to life in prison and a fine less than $100,00
Penalty Group 3	Anything containing any quantity intended to be used recreationally to have a stimulant effect on the central nervous system, including Methylphenidate, Phenmetrazine, barbituric acid, amobarbital, secobarbital, pentobarbital, Peyote, less than 1.8 grams of codeine, less than 300 milligrams of hydrocodone, and anabolic steroids	Less than 28 grams – state jail felony More than 28 gram, but less than 200 grams – second-degree felony More than 200 grams, but less than 400 grams – first-degree felony More than 400 grams – 10 years to life in prison and a fine less than $100,00
Penalty Group 4	Narcotic drugs containing at least one nonnarcotic active medical ingredient	Less than 28 grams – state jail felony More than 28 gram, but less than 200 grams – second-degree felony More than 200 grams, but less than 400 grams – first-degree felony More than 400 grams – 10 years to life in prison and a fine less than $100,00

Punishments for each charge in the penalty groups are defined in the Texas Penal Code, and are listed below:

Sec. 12.21 – Class A Misdemeanor: A fine of less than $4,000 and/or jail time of less than or equal to one year
Sec. 12.22 – Class B Misdemeanor: A fine of less than $2,000 and/or jail time of less than or equal to 180 days
Sec. 12.32 – First Degree Felony: 5 years to life in prison and a fine of less than or equal to $10,000
Sec. 12.33 – Second Degree Felony: 2 to 20 years in prison and a fine of less than or equal to $10,000
Sec. 12.34 – Third Degree Felony: 2 to 10 years in prison, and a fine of $10,000 or less
Sec. 12.35 – State Jail Felony: 180 days to 2 years in jail, and a fine of less than or equal to $10,000

Federal Drug Manufacturing Offenses and Penalties

You can also receive federal charges for manufacturing illegal drugs in Texas. Federal drug offenses and penalties are listed under the Controlled Substances Act (21 U.S.C. §§ 807 et seq.), and can include much harsher sentences than offenses under Texas law, including prison sentences without parole, fines and seizure of your home and other assets.

Drug Manufacturing Defenses

Defenses to drug manufacturing charges and reasons to dismiss evidence of drug manufacturing can include:

The drugs were manufactured in accordance with the Federal Food, Drug and Cosmetic Act
No probable cause or extreme circumstances for a search
Entering private property without a warrant
Information for warrant came from an unreliable informant

Horak Law | Houston Drug Manufacturing Defense Attorney

If you have been charged with manufacturing or cultivating drugs in Harris County, Houston, contact Matt Horak to discuss the particular facts of your case and your possible defenses. There are many options to reduce or eliminate your charges, and finding an aggressive attorney is your best option to avoid severe punishment.

Matt Horak is an experienced criminal defense attorney in Houston who will aggressively fight for your rights. Contact Horak Law at (713) 225-8000 to discuss your alleged drug manufacturing charge.