The Laws of Texas Drug Manufacturing and Cultivation
Similarly to possession and/or distribution of drugs, the manufacturing and cultivation of drugs is governed by the Texas Controlled Substances Act. Under the law, there are four classes of drug penalties, with marijuana existing in its own (fifth) category.
In order to be charged with this type of crime, the government (i.e. the prosecutor) must prove, beyond a reasonable doubt, that you manufactured the drug with the intent to deliver it. And, similarly to possession and sale charges, penalties for violating these laws depend upon the type of drug involved, how much was being manufactured or cultivated, and whether the individual accused of drug manufacturing or cultivation has any history of previous convictions.
Penalties
Penalties for drug cultivation or manufacturing range from a prison sentence of 180 days to two years in prison and/or paying a fine of up to $10,000, to serving a life term in prison and paying a fine of up to $250,000. In sentencing, the type of drug and penalty group that it falls into (as well as how much was being cultivated) all determine the extent of the penalty.
If the drug involved for some reason is not listed in any of the classes, the default charge is a “Class A” misdemeanor, with a jail sentence of up to one year in county jail and/or a fine of up to $4,000.
However, with drug manufacturing charges, it is also important to note that penalties can increase if someone was seriously injured and/or died as a result of taking the drug.
Defenses
Similar to the defenses available to drug possession charges, there are a variety of defenses available for cultivation and manufacturing charges as well, such as:
- Having a prescription/medical use/cultivation for personal use;
- Lack of knowledge that the drug was on one’s property;
- Lack of intent to deliver or distribute the drug; and
- Possession of a drug under a new drug application and/or investigation use under the law.
Drug Trafficking Charges in Texas
Delivering drugs (i.e. drug “trafficking”) also carries severe penalties in Texas, and depends upon the type and amount of drug delivered. However, unlike some other drug charges, additional potential defenses are available in association with drug trafficking charges, such as when the individual being charged thought that the substance was something else other than drugs, or perhaps made the drug delivery under duress (or threat).
Texas Drug Manufacturing and/or Cultivation Charges: Criminal Defense Lawyers
If you have been accused of drug manufacturing and/or cultivation, you need to speak with an experienced, effective defense attorney right away. At the office of Scott M. Brown & Associates, our aggressive criminal defense attorneys have dealt with thousands of charges like these throughout the state of Texas. Contact us today to find out how we can help.
