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Drug Manufacturing

Drug manufacturing charges are not something to be taken lightly. These serious charges can be filed against anyone accused of growing or producing illegal controlled substances from plants or with the use of equipment and chemicals. These charges normally are associated with homes growing marijuana or serving as meth labs. They are treated with the utmost severity and should be combated with an equal amount of aggression and tenacity.

The federal government has established minimum penalties for people convicted of drug manufacturing. In addition to prison time, penalties can also include hefty fines and property seizure, depending on the nature of the manufacturing lab or growing facilities. The devastating nature of drug manufacturing sentences necessitates a skilled drug manufacturing lawyer to handle the defense.

San Antonio Drug Manufacturing Defense Attorney

If you have been charged with processing a controlled substance, contact a San Antonio drug manufacturing lawyer at Goldstein & Orr. The attorneys at Goldstein & Orr represent clients who have been charged with drug manufacturing, possession, sale, distribution and trafficking. Our lawyers will carefully examine the facts and evidence related to your case.

All areas of the case will be thoroughly scrutinized including the legality of the search and seizure, Miranda rights, evidence collection and storage. We file viable motions to suppress evidence which may lead to a dismissal of the charges. If a case is not dismissed, we will fight for a reduction in charges or an alternative resolution in drug court or other diversion program. Call (210) 226-1463 to schedule a free consultation.

Definition of Manufacturing in Texas

Drug manufacturing is defined as the production, propagation, preparation, compounding, conversion or processing of a controlled substance through natural extraction and/or chemical synthesis, including packaging, repackaging, or relabeling of the substance, according to the Texas Controlled Substances Act Section 481.002. This does not include marijuana.

Drug manufacturing only is considered legal when it is performed by a licensed practitioner in the administering or dispensing of the controlled substance in the course of duty or the research, teaching, or chemical analysis of the substance with no intent to deliver it.

One of the most commonly mentioned forms of drug manufacturing is a methamphetamine lab, also called a meth lab. These labs are used to create crystal meth, which is made primarily of chemicals. These labs are created in secret places, such as garages, or sometimes even homes.

One of the main ingredients used to manufacture methamphetamine is commonly found in pseudoephedrine, an over-the-counter decongestant sold at most pharmacies. This is why drug stores have stricter policies when selling these medications. A person 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.

Manufacturing Offenses and Penalties

The penalties for drug manufacturing are similar to other drug offenses in that it largely depends on the type of drugs involved in the crime and how much of the substance was involved. Some of the possible penalties for drug manufacturing in Texas could include:

State Jail Felony – $10,000 fine and two years of jail or probation

Less than one gram of Penalty Group 1 or Penalty Group 2 substance
Less than 20 units of Penalty Group 1a substance
Less than 28 grams Penalty Group 3 or Penalty Group 4 substance

Second-Degree Felony – $10,000 fine and 20 years of jail or probation

Between one and four grams of Penalty Group 1 or 2 substance
Between 20 and 80 units of Penalty Group 1a substance
Between 28 and 200 grams of Penalty Group 3 or 4 substance

First-Degree Felony – $10,000 fine and 99 years of jail or probation

Between four and 200 grams Penalty Group 1 substance
Between 80 and 4,000 units Penalty Group 1a
Between four and 400 grams Penalty Group 2 substance
Between 200 and 400 grams Penalty Group 3 or 4 substance

$100,000 fine and 10 years to life in prison

Between 200 and 400 grams Penalty Group 1 substance
More than 400 grams of Penalty Group 2, 3 or 4 substance

$250,000 fine and 15 years to life in prison

More than 400 grams Penalty Group 1 substance
More than 4,000 units Penalty Group 1a substance

In addition to jail time and fines, penalties could include community service, punitive damages, mandated diversion programs or treatment and revocation of certain rights. These offenses also could lead to other charges, including drug trafficking.

Federal Drug Manufacturing Crimes

In addition to state charges, drug manufacturing could be considered a federal offense, which carries harsher penalties. Federal drug offenses and penalties are listed under the Controlled Substances Act (21 U.S.C. §§ 807 et seq.) and can include more severe sentences than offenses under Texas law. This could mean longer prison sentences without parole, fines and seizure of your home and other assets.