Drug Manufacturing

Texas Health and Safety Code § 481.002(25) defines the term manufacture as "the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container."

This definition does not include the preparation, compounding, packaging, or labeling of a controlled substance by a practitioner as an incident to the practitioner's administering or dispensing a controlled substance in the course of professional practice, or by a practitioner, or by an authorized agent under the supervision of the practitioner, for or as an incident to research, teaching, or chemical analysis and not for delivery.

Drug manufacturing offenses are taken much more seriously by prosecutors than simple possession crimes, as alleged offenders may be presented to juries as threats to the community. Criminal charges for alleged drug manufacturing crimes depend on the type and amount of the controlled substance involved. A conviction for an offense involving larger quantities may involve mandatory minimum prison sentences.

Lawyer for Drug Manufacturing Arrests in Conroe, TX

Were you arrested or do you think that you might be under investigation anywhere in Montgomery County or Harris County for an alleged drug trafficking offense? No matter how confident you are in your innocence, you should still refuse to say anything to authorities until you have legal representation. Contact Evans & Powell, PLLC as soon as possible.

Conroe criminal defense attorneys Sean Evans and Frank Powell aggressively defend clients facing of all kinds of drug charges in communities all over Harris County and Montgomery County, such as The Woodlands, Willis, Cut and Shoot, Oak Ridge North, Panorama Village, Porter Heights, Shenandoah, Spring, and several others.

Call (936) 622-2000 right now to have our lawyers provide an honest and thorough evaluation of your case during a free initial consultation.


Overview of Drug Manufacturing Crimes in Montgomery County


Back to top

Drug Manufacturing Penalties in Texas

Chapter 481 of the Texas Health and Safety Code is better known as the Texas Controlled Substance Act. Controlled substances in Texas are divided into six different classifications referred to as Penalty Groups.

Examples of controlled substances included in the six Penalty Groups include the following:

  • Penalty Group 1, Texas Health and Safety Code § 481.102 — Oxycodone, heroin, cocaine, methamphetamine, and gamma hydroxybutyric acid (GHB);
  • Penalty Group 1-A, Texas Health and Safety Code § 481.1021 — Lysergic acid diethylamide (LSD) and its analogs;
  • Penalty Group 2, Texas Health and Safety Code § 481.103 — Phencyclidine (PCP) and 3,4-methylenedioxy methamphetamine (MDMA, Ecstasy, or Molly);
  • Penalty Group 2-A, Texas Health and Safety Code § 481.1031 — Materials, compounds, mixtures, or preparations that contains any quantity of a natural or synthetic chemical substance;
  • Penalty Group 3, Texas Health and Safety Code § 481.104 — Methylphenidate (Ritalin), zolpidem (Ambien), diazepam (Valium), and alprazolam (Xanax); and
  • Penalty Group 4, Texas Health and Safety Code § 481.105 — Compounds, mixtures, or preparations containing limited quantities of narcotics.

Drug manufacturing crimes in Texas are graded according to the Penalty Group that a controlled substance is classified under as well as the amount of the illegal drug:

 

Amount

Classification

Manufacture of Substance in Penalty Group 1, Texas Health and Safety Code § 481.112

Less than 1 gram

State jail felony punishable by up to two years in state jail and fine of up to $10,000

1 gram or more but less than 4 grams

Second-degree felony punishable by up to 20 years in prison and fine of up to $10,000

4 grams or more but less than 200 grams

First-degree felony punishable by up to 99 years or life in prison and fine of up to $10,000

200 grams or more but less than 400 grams

First-degree felony punishable by a minimum of 10 years up to 99 years or life in prison and fine of up to $100,000

400 grams or more

First-degree felony punishable by a minimum of 15 years up to 99 years or life in prison and fine of up to $250,000

Manufacture of Substance in Penalty Group 1-A, Texas Health and Safety Code § 481.1121

Fewer than 20 units

State jail felony punishable by up to two years in state jail and fine of up to $10,000

20 or more but fewer than 80 units

Second-degree felony punishable by up to 20 years in prison and fine of up to $10,000

80 or more but fewer than 4,000 units

First-degree felony punishable by up to 99 years or life in prison and fine of up to $10,000

4,000 or more units

First-degree felony punishable by a minimum of 15 years up to 99 years or life in prison and fine of up to $250,000

Manufacture of Substance in Penalty Group 2 or 2-A, Texas Health and Safety Code § 481.113

Less than 1 gram

State jail felony punishable by up to two years in state jail and fine of up to $10,000

1 gram or more but less than 4 grams

Second-degree felony punishable by up to 20 years in prison and fine of up to $10,000

4 grams or more but less than 200 grams

First-degree felony punishable by up to 99 years or life in prison and fine of up to $10,000

400 grams or more

First-degree felony punishable by a minimum of 10 years up to 99 years or life in prison and fine of up to $100,000

Manufacture or Delivery of Substance in Penalty Group 3 or 4, Texas Health and Safety Code § 481.114

Less than 28 grams

State jail felony punishable by up to two years in state jail and fine of up to $10,000

28 grams or more but less than 200 grams

Second-degree felony punishable by up to 20 years in prison and fine of up to $10,000

200 grams or more but less than 400 grams

First-degree felony punishable by up to 99 years or life in prison and fine of up to $10,000

400 grams or more

First-degree felony punishable by a minimum of 10 years up to 99 years or life in prison and fine of up to $100,000

Under Texas Health and Safety Code § 481.119, any drug manufacturing crime involving a controlled substance listed in a schedule by an action of the commissioner but not listed in a penalty group is graded as follows:

  • First Offense — Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000;
  • Second Offense — State jail felony punishable by up to two years in state jail and a fine of up to $10,000; and
  • Third or Subsequent Offense — Third-degree felony punishable by up to 10 years in prison and a fine of up to $10,000.

Back to top

Related Drug Manufacturing Crimes in Montgomery County

The Texas Controlled Substances Act criminalizes several other activities related to drug manufacturing. Many of the following violations involve the unlawful use of a chemical precursor, which Texas Health and Safety Code § 481.002(51) defines as meaning:

  • Methylamine;
  • Ethylamine;
  • D-lysergic acid;
  • Ergotamine tartrate;
  • Diethyl malonate;
  • Malonic acid;
  • Ethyl malonate;
  • Barbituric acid;
  • Piperidine;
  • N-acetylanthranilic acid;
  • Pyrrolidine;
  • Phenylacetic acid;
  • Anthranilic acid;
  • Ephedrine;
  • Pseudoephedrine;
  • Norpseudoephedrine; or
  • Phenylpropanolamine.

A few additional offenses that an alleged offender may be charged with include:

  • Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance, Texas Health and Safety Code § 481.124 — Possessing or transporting anhydrous ammonia, an immediate precursor, or a chemical precursor or an additional chemical substance named as a precursor by the director under Texas Health and Safety Code § 481.077(b)(1) , with intent to unlawfully manufacture a controlled substance, is:
    • a second-degree felony punishable by up to 20 years in prison and fine of up to $10,000 if the controlled substance is listed in Penalty Group 1 or 1-A;
    • a third-degree felony punishable by up to 10 years in prison and fine of up to $10,000 if the controlled substance is listed in Penalty Group 2;
    • a state jail felony punishable by up to two years in state jail and fine of up to $10,000 if the controlled substance is listed in Penalty Group 3 or 4; or
    • a Class A misdemeanor punishable by up to one year in jail and fine of up to $4,000 if the controlled substance is listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group;
  • Transfer of Precursor Substance for Unlawful Manufacture, Texas Health and Safety Code § 481.137 — Selling, transferring, or otherwise furnishing a chemical precursor subject to Texas Health and Safety Code § 481.077(a) with the knowledge or intent that the recipient will use the chemical precursor to unlawfully manufacture a controlled substance or controlled substance analogue is a third-degree felony punishable by up to 10 years in prison and fine of up to $10,000;
  • Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury, Texas Health and Safety Code § 481.141 — The punishment for any state jail felony, third-degree felony, or second-degree felony offense charge for manufacture of a controlled substance in Penalty Group 1, 1-A, 2, 2-A, 3, or 4 is increased by one degree if a person died or suffered serious bodily injury as a result of injecting, ingesting, inhaling, or introducing into the person's body any amount of the controlled substance manufactured by the alleged offender.
  • Unlawful Delivery or Manufacture with Intent to Deliver, Texas Health and Safety Code § 482.002 — Knowingly or intentionally manufacturing with the intent to deliver a simulated controlled substance and expressly representing the substance to be a controlled substance. Representing the substance to be a controlled substance in a manner that would lead a reasonable person to believe that the substance is a controlled substance, or stating to the person receiving or intended to receive the simulated controlled substance that the person may successfully represent the substance to be a controlled substance to a third party is a state jail felony punishable by up to two years in state jail and fine of up to $10,000.

Back to top

Drug Manufacturing Resources in Texas

Detectives | Montgomery County Sheriff's Office — On this section of the Montgomery County Sheriff's Office website, you can learn more about the six sections of the Criminal Investigations Division. The primary mission of the Special Investigations Unit is the "investigation, dismantling and apprehension of illicit narcotics trafficking organizations, street gangs and vice operations." The Narcotics Enforcement Team disrupts, dismantles, and prosecutes narcotics trafficking organizations involved in the manufacture of illegal drugs.

Montgomery County Sheriff's Office
1 Criminal Justice Dr.
Conroe, TX 77301
(936) 760-5871

Drug Manufacturers and Distributors | Texas Department of State Health Services (DSHS) — Businesses engaged in the manufacture or distribution of over-the-counter (OTC) drugs or prescription drugs in Texas are required to license with the DSHS. Visit this website to learn more about licensing requirements. A drug manufacturer is defined as “a person who manufactures, prepares, propagates, compounds, processes, packages, or repackages drugs, or a person who changes the container, wrapper, or labeling of any drug package.”


Back to top

Evans & Powell, PLLC | Conroe Drug Manufacturing Defense Attorney

If you believe that you could be under investigation or you were already arrested for drug manufacturing in Montgomery County or Harris County, it is in your best interest to exercise your right to remain silent until you have legal counsel. Evans & Powell, PLLC represents individuals in Willis, Woodbranch, Magnolia, Patton Village, Pinehurst, Splendora, Spring, The Woodlands, and many surrounding areas of Harris County and Montgomery County.

Sean Evans and Frank Powell are experienced criminal defense lawyers in Conroe who will work tirelessly to help you achieve the most favorable outcome to your case, including possibly having the criminal charges reduced or dismissed.

They can review your case and answer all of your legal questions when you call (936) 622-2000 or complete an online contact form to receive a free, confidential consultation.



Back to top