A special section of the Texas statutes called the Texas Controlled Substances Act regulates certain drugs and other substances, making them illegal to manufacture, possess, or use within the state. These illegal drugs are called controlled substances. Making or manufacturing any drug is a serious crime in the state of Texas, punishable by hefty fines and lengthy prison sentences.
The criminal defense and drug manufacturing attorneys at Ceja Law Firm are committed to making sure their clients’ receive fair treatment under the law and the best possible outcomes in their criminal cases. If you are charged with the illegal manufacture of a drug or controlled substance, the Ceja Law Firm has the specialized skill and knowledge needed to aggressively defend you from prosecution while protecting your rights through all stages of your case.
Drug Manufacturing for Controlled Substances in Houston
It is illegal to manufacture a controlled substance in the state of Texas. “Manufacture” is defined 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.”
Importantly, the definition of manufacture also includes packaging or repackaging of a substance or labeling or relabeling of a substance’s container. This means that putting a substance into individual bags or bottles or removing a commercial label from a substance’s packaging could be prosecuted as the manufacture of a controlled substance.
The law does not apply to professionals specifically licensed to produce medications or other substances.
Controlled Substances Recognized by Texas Statute
The Texas Controlled Substances Act regulates illegal drugs and controlled substances by classifying them into one of six categories called penalty groups. Punishment for the manufacture of controlled substances varies by penalty group and depends greatly on the quantity of drugs produced.
Penalty Group 1: Cocaine, Heroin, Methamphetamine, Ketamine
Penalty Group 1 carries the harshest punishments for manufacture as the substances are considered the most dangerous. Substances classified in Penalty Group 1 include opioids such as codeine, hydrocodone, and oxycodone as well as methamphetamine, ketamine, and other hallucinogens.
The manufacture of any substance falling into Penalty Group 1 is a felony, with the punishment depending on the amount manufactured. For the lowest quantities, punishment ranges from between 180 days to two years in prison. For higher quantities intended for distribution, punishment ranges from 15 and 99 years in prison. Fines of up to $100,000 may also be imposed.
Penalty Group 1-A: LSD
Penalty Group 1-A is a group specifically categorizing LSD and LSD derivatives as a controlled substance. The nature of LSD requires that it be measured in different units than other substances classified in Penalty Group 1. For this reason, it is classified in a separate sub-group.
The manufacture of any substance falling into Penalty Group 1-A is a felony, with the punishment depending on the amount manufactured. For the smallest quantities, punishment ranges from 180 days to two years in prison. For larger quantities intended for distribution, punishment ranges from 15 to 99 years in prison. Fines of up to $250,000 may also be imposed.
Penalty Group 2: Ecstasy, Mushrooms, and Psilocybin
Substances classified in Penalty Group 2 include hallucinogenic drugs such as ecstasy, mushrooms, PCP, and peyote. The manufacture of any substance falling into Penalty Group 2 is a felony, with the punishment depending on the amount manufactured. For the smallest quantities, punishment ranges from between 180 days to two years in prison. For larger quantities intended for distribution, punishment ranges between ten and 99 years in prison. Fines of up to $100,000 may also be imposed.
Penalty Group 2-A: Synthetic Marijuana
Substances classified in Penalty Group 2-A include synthetic or artificial chemical compounds that induce highs similar to marijuana or cannabinoids.
The manufacture of any substance falling into Penalty Group 2-A is a felony, with punishment varying depending on the amount manufactured. For the smallest quantities, punishment ranges from between 180 days to two years in prison. For larger quantities intended for distribution, punishment ranges between ten and 99 years in prison. Fines of up to $100,000 may also be imposed.
Penalty Group 3: Valium, Xanax, Lorazepam, and Ritalin
Substances classified in Penalty Group 3 include opioids that are not explicitly categorized in Penalty Group 1 such as benzodiazepines, anabolic steroids, and other prescription stimulants or depressants.
The manufacture of any substance falling into Penalty Group 3 is a felony, with punishment varying depending on the amount manufactured. For the smallest quantities, punishment is up to one year in prison. The manufacture of larger quantities is punishable by between two and 99 years in prison. Fines of up to $100,000 may also be imposed.
Penalty Group 4: Compounds including Codeine, Motofen, or Opium
Substances classified in Penalty Group 4 include prescription or other compounded drugs made up of codeine, motofen, opium, and other controlled substances. These substances are generally medications that have a high potential for abuse and addiction or are not otherwise categorized in any other penalty group.
The manufacture of any substance falling into Penalty Group 4 is a felony, with punishment varying depending on the amount manufactured. For the smallest quantities, punishment is up to one year in prison. The manufacture of larger quantities is punishable by between two and 99 years in prison. Fines of up to $100,000 may also be imposed.
Consult with Our Houston Drug Manufacturing Attorney
If you are charged with the manufacture of a controlled substance, you are facing serious penalties if convicted. As a former drug crime prosecutor, managing attorney Jose Ceja of the Ceja Law Firm has extensive experience with the Texas Controlled Substances Act and knows the ins and outs of the law. Armed with this knowledge, the Ceja Law Firm fights tirelessly to provide the best defense possible for our clients. If you or a loved one is facing charges for the manufacture of controlled substances contact the Ceja Law Firm to consult with our dedicated criminal defense attorneys today.
