By Jeff Kennedy
Drug Manufacturing & Cultivation Charges
Manufacturing drugs is a felony in Texas. If you’re convicted, you’ll suffer some serious legal penalties and have a felony on your record for life. A Fort Worth drug manufacturing attorney can help you beat your charges.
Many people don’t understand the legal consequences of their arrests and charges until it’s too late. If you have been charged with manufacturing drugs, it’s likely that you don’t know what to do or where to turn for help. The most important step you can take is hiring the right attorney for your manufacturing charges. An attorney that will not only defend, but fight on your behalf.
How Jeff C. Kennedy Defends Against Drug Manufacturing Charges
Remember avoiding a conviction is always possible with the right defense and circumstances. No matter how strong you might think the case against you is. If enough evidence can be gathered in your favor, or if the flaws in the prosecution’s case can be exposed, you could be well on your way to seeing your drug charges dismissed or at least reduced.
Achieving this requires a convincing defense, which is why you’ll want a Fort Worth drug manufacturing lawyer like Jeff C. Kennedy on your side. He has the experience and knowledge necessary to build a strong defense tailored to your specific situation.
Call 817-605-1010 or Schedule a free strategy session with Jeff Today using this link.
View Some Of Our Case Results Here
Law Offices of Jeff C. Kennedy, PLLC
301 W Vickery Blvd Suite #101
Fort Worth, TX 76104
(817) 605-1015
Hours:Open 24/7
Schedule Your Free Consultation
How Serious Are Drug Manufacturing Charges?
As is true with many types of drug offenses, the seriousness of your charges will depend on your unique case. Various factors can increase the degree of felony you’re being charged with and, as a result, the severity of the penalties you could face. Conversely, some factors may also minimize your charge and penalties.
Take a look at this table for an idea of penalties you could face for manufacturing a controlled substance:
- Minimum Punishment :State Jail Felony – 180 days to two years in state jail, fine not to exceed $10,000
- Maximum PunishmentFelony – Fifteen to ninety-nine years or life in prison, fine not to exceed $250,000
- How to Fight Fort Worth Drug Manufacturing Charges
Let’s take a look at aggravating factors in Fort Worth drug manufacturing cases:
- The quantity of drugs being manufactured (larger quantity equals greater punishment)
- Prior arrests
- Your age
- Whether a minor was involved in the offense
- Whether you were near a school or a place where children congregate
The following are some minimizing factors:
- Lower quantity of drugs manufactured
- A less serious type of drug (marijuana can have a slightly lower penalty)
- Your age
- Whether this is your first offense
Avoid A Conviction
If you’ve been accused of manufacturing drugs, you may believe there is no way you’ll get out of a conviction. That’s simply not true. There are many ways to avoid a conviction or get your charge reduced to a far lesser crime.
The following are some approaches your drug manufacturing lawyer in Fort Worth could take:
- Make a deal with the prosecutor, which could involve trading information for a lesser sentence.
- Make a deal with the prosecutor because there are some errors in the case.
- Cite errors the police made.
- Demonstrate that you were simply in the wrong place at the wrong time.
- Demonstrate that you were manufacturing for personal use—not for sale or distribution.
- Prove that the crime lab made mistakes.
Introduction to Texas Drug Manufacturing Penalties
Understanding the legal ramifications of drug manufacturing charges in Fort Worth, Texas is crucial for anyone involved in or affected by such cases. Texas law categorizes controlled substances into different penalty groups, each with specific statutes that outline the offenses and corresponding penalties for manufacturing or delivering these substances.
This section provides a detailed overview of the relevant Texas Health and Safety Code sections, explaining the legal definitions, potential penalties, and aggravating factors that can influence the severity of the charges.
Whether you are a legal professional, someone facing charges, or simply seeking to understand Texas drug laws better, this guide will help clarify the complexities of drug manufacturing offenses in the states.
Texas Health And Safety Code § Pertaining to Manufacturing or Delivering
Associated Penalty Groups Can Be Found Here
It is illegal in Texas to knowingly manufacture, deliver, or possess with intent to deliver controlled substances classified in Penalty Group 1. This group covers major drugs like opioid narcotics (morphine, codeine, heroin, opium, methadone, oxycodone), cocaine, crack cocaine, the date rape drug rohypnol, methamphetamine, GHB, and ketamine.
The manufacture, delivery, or possession with intent to deliver lysergic acid diethylamide (LSD) is a violation under its own separate penalty group (1-A) in the Texas statutes.
If a person is convicted of manufacturing a Penalty Group 1 controlled substance and it is determined that children under 18 were present at the location, the punishments are increased significantly. Minimum prison sentences are raised to 15-20 years and maximum fines are increased to $150,000-$300,000 depending on the circumstances.
Texas law prohibits the manufacture, delivery, or possession with intent to deliver drugs listed in Penalty Groups 2 and 2-A. Group 2 covers hallucinogenic substances like MDMA/ecstasy, MDPV, mescaline, psilocybin mushrooms, and others. Group 2-A includes synthetic cannabinoid compounds.
It is unlawful to manufacture, deliver, or possess with intent to deliver controlled prescription drugs and materials in Penalty Groups 3 and 4. Group 3 covers diazepam (Valium), alprazolam (Xanax), methylphenidate (Ritalin) and other narcotics in limited quantities. Group 4 involves buprenorphine, butorphanol, pyrovalerone and other drugs.
For controlled substances not categorized in a specific penalty group, Texas law still prohibits manufacturing, delivering, or possessing with intent to deliver. The offense is a misdemeanor or felony depending on circumstances and prior convictions. Mere possession is a misdemeanor.
It is illegal in Texas to possess or transport chemicals like anhydrous ammonia, lithium metal, or other precursor substances with intent to unlawfully manufacture controlled substances. There is a presumption of methamphetamine manufacturing intent if certain chemicals and equipment are present together.
Selling, transferring, or furnishing chemical precursors to someone intending to use them for unlawful drug manufacturing is a felony offense under this Texas statute. The potential punishment is up to 10 years in prison and a $10,000 fine.
If someone dies or suffers serious bodily injury from ingesting controlled substances manufactured or delivered by the defendant, the punishment level for the underlying manufacturing/delivery offense is increased by one degree (e.g. second degree felony increased to first degree).
It is illegal in Texas to manufacture or deliver fake controlled substances while representing them as real, with intent to deceive. This is classified as a state jail felony with possible sentences of up to 2 years incarceration and $10,000 fines.
Hire An Attorney With Experience
In Texas, manufacturing drugs is a serious offense. If convicted, you’ll likely get jail or prison time, depending on the circumstances of your case. You’ll probably want to fight with everything you’ve got to avoid a conviction. A qualified lawyer can help you fight, potentially resulting in the dismissal or reduction of your charges.
The attorneys at the Law Offices of Jeff C. Kennedy are ready to take your call and discuss your defense options during a free initial evaluation. Dial 817-605-1010 or fill out the form below today.
