Drug Manufacturing Charges

The Texas Controlled Substances Act is the principal state law dealing with illegal drug manufacturing. The Act divides controlled substances into four so-called penalty groups. Each group addresses a different category of illegal drug and establishes separate penalties for their manufacture. Here is a brief overview of each penalty group and the types of drugs that can land you in trouble for each group:

Penalty Group 1 includes opiates, opium derivatives, cocaine, poppy straw concentrates, cocaine, Methamphetamine, and Gamma hydroxybutyric acid (GHB). There is also a subgroup, known as Penalty Group 1-A, which includes lysergic acid diethylamide (LSD) and its derivatives.

Penalty Group 2 includes hallucinogens and other drugs designed to have a “depressant effect” on the body’s central nervous system.

Penalty Group 3 includes recreational drugs that have a “stimulant effect” on the body’s central nervous system, such as anabolic steroids or Peyote.

Penalty Group 4 includes all other narcotic drugs that contain at least one non-narcotic active medical ingredient.

The severity of a drug manufacturing charge is usually based on the quantity of drugs recovered by the police. Each penalty group has its own sliding scale of offense levels tied to specific thresholds. Here is a rundown for each group:

Penalty Group 1: + Less than 1 gram: State jail felony + 1-4 grams: Second-degree felony + 4-200 grams: First-degree felony + 200-400 grams: 10 years to life in prison and a fine of up to $100,000 + More than 400 grams: 15 years to life in prison and a fine of up to $250,000

Penalty Group 1-A: + Less than 20 units: State jail felony + 20-80 units: Second-degree felony + 80-4,000 units: First-degree felony + More than 4,000 units: 15 years to life in prison and a fine of up to $250,000

Penalty Group 2: + Less than 1 gram: State jail felony + 1-4 grams: Second-degree felony + 4-400 grams: First-degree felony + More than 400 grams: 10 years to life in prison and a fine of up to $100,000

Penalty Group 3: + Less than 28 grams: State jail felony + 28-200 grams: Second-degree felony + 200-400 grams: First-degree felony + More than 400 grams: 10 years to life in prison and a fine of up to $100,000

Penalty Group 4: + Less than 28 grams: State jail felony + 28-200 grams: Second-degree felony + 200-400 grams: First-degree felony + More than 400 grams: 10 years to life in prison and a fine of up to $100,000

While drug manufacturing may be a non-violent crime, it is still considered a felony in most cases. This means if convicted, you will be labeled as a felon, potentially for the rest of your life. Here is how this may affect your life going forward:

• You may be legally barred from certain professions that require a state license.
• You may have difficulty finding work even in unlicensed fields, particularly if an employer runs a criminal background check.
• You may be denied access to rental housing.
• You may be denied admission to a college or university.
• If you are currently in the United States as a legal immigrant, a felony conviction can lead to the cancellation of any Visa you might hold and ultimately deportation.
• If you have minor children, a felony conviction can affect your custody and visitation rights; you may also be prohibited from adopting or fostering children in the future.

You might also be wondering how a felony conviction affects your right to vote in elections. Unlike many other states, Texas actually does not permanently bar convicted felons from voting. While you are ineligible to vote while in prison, after completing your sentence you can re-register and vote in elections going forward. However, other civil rights, such as the ability to serve on a jury, can only be restored after a felony conviction by receiving a pardon.

Drug manufacturing cases go well beyond a defendant caught using marijuana for recreational purposes. Texas prosecutors take drug manufacturing very seriously and will not hesitate to throw the book at any defendant they believe to be guilty. This is why if you find yourself charged with any type of drug manufacturing crime, you need to work with an experienced Galveston criminal defense attorney who will fight for your rights in court.

An experienced drug crimes attorney understands the legal system and the complex web of policies and procedures involved in a criminal trial. As a defendant, it is easy to get overwhelmed, especially if you have never been in trouble with the law before. But even if you do have a prior record, felony drug manufacturing charges can represent an entirely different experience. The fact that a small amount of a “controlled” substance can send you to prison for years–even decades–is enough to put the fear of God into anyone.

The good news is you do not have to face this experience alone. Our Galveston drug manufacturing defense attorneys are ready to stand by your side from start to finish. From dealing with your first appearance before a judge to handling a jury trial, we offer aggressive, full-service criminal defense representation. So, contact us today to schedule a free initial consultation. We can sit down and discuss your situation and advise you on how best to proceed.