Texas drug charges: Manufacturing a controlled substance

Being involved in the production or creation of certain drugs may be considered manufacturing a controlled substance, a charge carrying serious penalties.

Controlled substances, including methamphetamine, marijuana, cocaine and other drugs, are illegal in the state of Texas. The penalties for possessing such substances can be serious, with life changing effects. When people stand accused of manufacturing these drugs, however, the potential consequences are even more severe.

A 43-year-old Nacogdoches woman is being held on drug manufacturing charges, according to a recent KTRE.com report. Her bail was set at $25,000. Apparent drug activity at her home led to an investigation by law enforcement. It was not disclosed whether authorities found drug manufacturing equipment or supplies in her home. However, they did discover drug paraphernalia, as well as eight grams of methamphetamine during their search.

What are controlled substances?

Generally, controlled substances are certain drugs that are regulated by the government. These drugs are separated into five schedules based on their potential for dependence and abuse. Some of the most common scheduled controlled substances include the following:

  • Schedule I - heroine, hydrocodone, cocaine and meth
  • Schedule IA - LSD
  • Schedule II - PCP, mescaline and ecstasy
  • Schedule III - Ritalin, Xanax and Valium
  • Schedule IV - compounds that contain buprenorphine, dionine or pyrovalerone
  • Schedule V - marijuana

Some of these drugs may be obtained with a prescription. However, it is not legal for a person to possess such medications without a valid prescription from a licensed physician.

What constitutes drug manufacturing?

Excluding marijuana, Texas state law defines manufacturing a controlled substance as the compounding, conversion, preparation, processing, production or propagation of a controlled substance. This includes being directly or indirectly involved in chemical synthesis, extraction from natural substances or a combination of synthesis and extraction. Furthermore, the packaging or repackaging of a controlled substance, as well as labeling or relabeling its container may also be considered drug manufacturing. The law does not apply to those who are properly licensed to create and produce certain medications.

Manufacturing a controlled substance penalties

There are a number of penalties that people may face if convicted of drug manufacturing in the state of Texas. These consequences, and their severity, vary based on the charge, the amount of a substance found in a person's possession and the schedule category that the drugs found fall into.

Being convicted of a state jail felony for these types of drug offenses may carry a jail sentence of between 180 days and two years. A conviction of a second degree felony, first degree felony or enhanced first degree felony for manufacturing controlled substances may result in a prison sentence of two years to 20 years, five years to 99 years, 10 years to 99 years or 15 years to 99 years. According to Southern Methodist University, people may also be fined up to $10,000 for lesser charges, or up to $100,000 or up to $250,000 for enhanced charges.

Seeking legal guidance

Being accused of manufacturing a controlled substance is a serious charge in the state of Texas. As such, even allegations may have a significant impact on people's futures, including their potential work opportunities. Working with an attorney may help those facing such charges to understand their rights and options, as well as establish a strong criminal defense.

Keywords: controlled substances, drug manufacturing

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