Drug Manufacturing

Texas Health and Safety Code § 481.002(25) defines manufacture as being “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.”

The term 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 is a serious kind of drug crime that can involve very steep penalties for an alleged offender. While crystal meth labs are most often the target of drug manufacturing investigations by law enforcement agencies, many other kinds of activities can lead to these types of charges.

Drug Manufacturing Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX

Were you arrested for an alleged drug manufacturing offense in McKinney, Carrollton, Plano, or a surrounding area of Collin County in Texas? It will be especially important for you to seek the help of a criminal defense attorney who has experience handling these types of drug cases.

The Law Offices of Richard C. McConathy has handled a wide variety of different drug cases all over North Texas and we are prepared to provide a top-of-the-line defense against drug manufacturing charges. Call (469) 304-3422 or contact us online to put us to work for you during a free consultation.

Texas Drug Manufacturing Penalties

A drug manufacturing charge in a Texas state court will depend on the drug penalty group that is involved in the alleged offense. Drug manufacturing crimes can be classified as any of the following:

Manufacture or Delivery of Substance in Penalty Group 1, Texas Health And Safety Code § 481.112

An alleged offender commits an offense if they knowingly manufacture, deliver, or possess with intent to deliver a controlled substance listed in Penalty Group 1, which includes crack cocaine, opiates (oxycodone, morphine, heroin, opium, methadone, codeine), cocaine, rohypnol, methamphetamine or meth, gamma hydroxybutyrate (GHB), and ketamine.

• if the amount is less than 1 gram, the offense is a state jail felony punishable by up to two years in state jail and/or a fine of up to $10,000
• if the amount is 1 gram or more but less than 4 grams, the offense is a second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000
• if the amount is 4 grams or more but less than 200 grams, the offense is a first-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000
• if the amount is 200 grams or more but less than 400 grams, the offense is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000
• if the amount is 400 grams or more, the offense is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000

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

An alleged offender commits an offense if they knowingly manufacture, deliver, or possess with intent to deliver a controlled substance listed in Penalty Group 1-A, which includes lysergic acid diethylamide (LSD).

• if the amount is fewer than 20 abuse units, the offense is a state jail felony punishable by up to two years in state jail and/or a fine of up to $10,000
• if the amount is 20 abuse units or more but not more than 80, the offense is a second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000
• if the amount is 80 abuse units or more but not more than 4,000, the offense is a first-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000
• if the amount is 4,000 abuse units or more, the offense is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000

Manufacture or Delivery of Substance in Penalty Group 1: Presence of a Child, Texas Health And Safety Code § 481.1122

If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed, the punishments are increased by one degree. The minimum term of imprisonment specified by Texas Health And Safety Code § 481.112(e) is increased to 15 years and the maximum fine specified by that section is increased to $150,000, and the minimum term of imprisonment specified by Texas Health And Safety Code § 481.112(f) is increased to 20 years and the maximum fine specified by that section is increased to $300,000.

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

An alleged offender commits an offense if they knowingly manufacture, deliver, or possess with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A. Penalty Group 2 includes 3,4-methylenedioxymethamphetamine (MDMA, Molly, or Ecstasy), 3,4-methylenedioxypyrovalerone (MDPV), mescaline, psilocybin, and several other hallucinogenic substances while Penalty Group 2-A includes synthetic cannabinoids and any material, compound, mixture, or preparation that contains any quantity of a natural or synthetic chemical substance.

• if the amount is less than 1 gram, the offense is a state jail felony punishable by up to two years in state jail and/or a fine of up to $10,000
• if the amount is 1 gram or more but less than 4 grams, the offense is a second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000
• if the amount is 4 grams or more but less than 400 grams, the offense is a first-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000
• if the amount is 400 grams or more, the offense is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000

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

An alleged offender commits an offense if they knowingly manufacture, deliver, or possess with intent to deliver a controlled substance listed in Penalty Group 3 or 4. Penalty Group 3 includes diazepam (Valium), alprazolam (Xanax), methylphenidate (Ritalin), and materials, compounds, mixtures, or preparations containing limited quantities of other enumerated narcotic drugs while Penalty Group 4 includes materials, compounds, mixtures, or preparations containing any quantity of buprenorphine, butorphanol, pyrovalerone, or other enumerated narcotic drugs.

• if the amount is less than 28 grams, the offense is a state jail felony punishable by up to two years in state jail and/or a fine of up to $10,000
• if the amount is 28 grams or more but less than 200 grams, the offense is a second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000
• if the amount is 200 grams or more but less than 400 grams, the offense is a first-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000
• if the amount is 400 grams or more, the offense is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000

Manufacture or Delivery of Miscellaneous Substances, Texas Health And Safety Code § 481.119

An alleged offender commits an offense if they knowingly manufacture, deliver, or possess with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.  An offense under this subsection is a Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000, except that the offense is a state jail felony punishable by up to two years in state jail and/or a fine of up to $10,000 if the person has been previously convicted of an offense under this subsection or a third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the person has been previously convicted two or more times of an offense under this subsection.

A person also commits an offense if they knowingly or intentionally possesses a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.  An offense under this subsection is a Class B misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000.

Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance, Texas Health And Safety Code § 481.124

An alleged offender commits an offense if, with intent to unlawfully manufacture a controlled substance, they possess or transport 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).

For purposes of this section, an intent to unlawfully manufacture the controlled substance methamphetamine is presumed if the actor possesses or transports anhydrous ammonia in a container or receptacle that is not designed and manufactured to lawfully hold or transport anhydrous ammonia, lithium metal removed from a battery and immersed in kerosene, mineral spirits, or similar liquid that prevents or retards hydration, or in one container, vehicle, or building, phenylacetic acid, or more than nine grams, three containers packaged for retail sale, or 300 tablets or capsules of a product containing ephedrine or pseudoephedrine, and anhydrous ammonia; at least three of the following categories of substances commonly used in the manufacture of methamphetamine: lithium or sodium metal or red phosphorus, iodine, or iodine crystals; lye, sulfuric acid, hydrochloric acid, or muriatic acid; an organic solvent, including ethyl ether, alcohol, or acetone; a petroleum distillate, including naphtha, paint thinner, or charcoal lighter fluid; or aquarium, rock, or table salt; or at least three of the following items: an item of equipment subject to regulation under Section 481.080, if the person is not a registrant; or glassware, a plastic or metal container, tubing, a hose, or other item specially designed, assembled, or adapted for use in the manufacture, processing, analyzing, storing, or concealing of methamphetamine.

An offense under this section is:

• Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000 if the controlled substance is listed in Penalty Group 1 or 1-A
• Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the controlled substance is listed in Penalty Group 2
• State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000 if the controlled substance is listed in Penalty Group 3 or 4
• Class A misdemeanor punishable by up to one year in jail and/or a 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

An alleged offender commits an offense if they sell, transfer, or otherwise furnish 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. An offense under this section is a third-degree felony punishable by up to 10 years in prison and/or a 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

If at the guilt or innocence phase of the trial of an offense described by Texas Health And Safety Code § 481.141(b), the judge or jury, whichever is the trier of fact, determines beyond a reasonable doubt that 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 or delivered by the alleged offender, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant, the punishment for the offense is increased by one degree. This section applies to an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Texas Health And Safety Code § 481.112, 481.1121, 481.113, 481.114, or 481.122.

Unlawful Delivery or Manufacture with Intent to Deliver, Texas Health And Safety Code § 482.002

A person commits an offense if the person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person expressly represents the substance to be a controlled substance, represents 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 states 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. An offense under this section is a state jail felony punishable by up to two years in state jail and/or a fine of up to $10,000.

Federal Drug Manufacturing Penalties

It is unlawful under 21 U.S. Code (USC) § 841 for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

When a violation involves:

• 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
• 5 kilograms or more of a mixture or substance containing a detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
• 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
• 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
• 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
• 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-piperidinyl ] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
• 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; or
• 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;

The alleged offender will be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $10 million if the alleged offender is an individual or $50 million if the alleged offender is other than an individual, or both. If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $20 million if the alleged offender is an individual or $75 million if the alleged offender is other than an individual, or both. If any person commits a violation of this subparagraph or of section 849, 859, 860, or 861 of this title after 2 or more prior convictions for a serious drug felony or serious violent felony have become final, such person shall be sentenced to a term of imprisonment of not less than 25 years and fined in accordance with the preceding sentence.

In the case of a violation of subsection (a) of this section involving:

• 100 grams or more of a mixture or substance containing a detectable amount of heroin;
• 500 grams or more of a mixture or substance containing a detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
• 28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
• 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
• 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
• 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-piperidinyl ] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
• 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight; or
• 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;

The alleged offender will be sentenced to a term of imprisonment which may not be less than five years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $5 million if the alleged offender is an individual or $25 million if the alleged offender is other than an individual, or both. If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $8 million if the alleged offender is an individual or $50 million if the alleged offender is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposed under this subparagraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment.

In the case of a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1 gram of flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $1 million if the alleged offender is an individual or $5 million if the alleged offender is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $2 million if the alleged offender is an individual or $10 million if the alleged offender is other than an individual, or both.

In the case of less than 50 kilograms of marijuana, except in the case of 50 or more marijuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil, such person shall, except as provided in paragraphs (4) and (5) of this subsection, be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the alleged offender is an individual or $1 million if the alleged offender is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the alleged offender is an individual or $2 million if the alleged offender is other than an individual, or both.

Collin County Drug Manufacturing Resources

Drug Facts | DEA — Visit this section of the DEA website to learn more about different kinds of drugs. Also find information about drug scheduling. Additional information includes law enforcement, education and prevention, and more news and drug information.

Law Enforcement Action Partnership (LEAP) — LEAP is a 501(c)(3) nonprofit of police, prosecutors, judges, corrections officials, and other law enforcement officials advocating for criminal justice and drug policy reforms to make communities safer and more just. LEAP believes that adult drug abuse is a public health problem and not a law enforcement matter. The organization argues that as the government ends prohibition, it should release drug offenders, expunge their records, and restore their civil rights.

Find A Collin County Attorney to Fight Drug Manufacturing Charges | Law Offices of Richard C. McConathy

If you were arrested for an alleged drug manufacturing crime in Collin County, you have to be quick to take steps to fight the criminal charges. Do not delay in contacting The Law Offices of Richard C. McConathy.

Our firm will seek justice for you and work to make sure you can avoid the costliest penalties. We will be happy to examine your case and help you explore your legal options when you call (469) 304-3422 or contact us online to arrange a free consultation.