Manufacturer of Controlled Substance
Houston Manufacture of Controlled Substance Defense: Galveston, Harris & Montgomery Counties
Although it is a criminal act, manufacturing controlled substances is covered under Section 481 of the Texas Health and Safety Code. This code makes it a crime to grow, process or manufacture controlled substances such as marijuana or methamphetamine. The drugs are broken down into penalty groups, and some examples of each category include:
- Group 1: Opium, “special K,” methamphetamine and cocaine
- Group 1A: LSD
- Group 2: Ecstasy and PHP
- Group 3: Valium and Ritalin
- Group 4: Codeine
- Miscellaneous group: Marijuana
Punishments for Manufacturing
The punishment for manufacturing a controlled substance generally depends on the penalty group and the amount an individual produced. Additional sanctions can also be added if the defendant transported or delivered the substances. At minimum, this crime is considered a state jail felony. Punishment for this offense includes:
- Between 180 days and two years in a state facility
- Fine of up to $10,000
- Probation
- Drug and alcohol counseling
When more than 400 grams of any category of drug is produced, the crime can be a first-degree felony. The punishment here can be a prison sentence ranging from five to 99 years along with a fine that can reach as high as $10,000. Since the criminal penalties are so dire, it is highly recommended for an accused person to seek legal advice from a manufacture of controlled substances lawyer.
Available Defenses
The burden of proof is on the state of Texas to prove that the individual charged with manufacturing a controlled substance did indeed produce the drug in question. This can sometimes be a slippery slope for prosecutors, as they rely on the testimony of informants to provide them with this information. Confidential informants may not always be trustworthy, as many were also involved in their own drug-making operations and are looking for leniency from the courts. An aggressive defense attorney will carefully examine all witness testimony in order to expose any ulterior motives.
In other cases, a defendant may be guilty simply by association. This can be a difficult situation to be in because it is often necessary to prove innocence rather than have the state prove guilt. The job of a defense attorney in this situation will be to cast reasonable doubt in the minds of jurors as to the defendant’s intent.
Contact a Defense Lawyer
Attorney Greg Tsioros was named one of 2012’s “Super Lawyers” by Thomson-Reuters. He believes each client has value regardless of the allegations he or she is facing. Mr. Tsioros knows that prosecutors will aggressively pursue those accused of drug crimes and realizes that it is necessary to fight aggressively for each individual’s rights. For a free consultation, those in the Houston area can contact his law office at 832-752-5972.