The State of Texas has greatly invested in the War on Drugs. Crimes involving drugs are not sentenced lightly within the state, and many cases result in steep penalties for the convicted. Once accused of a drug manufacturing crime, one’s personal and professional life often hangs in the balance. Regardless of the type of offence and circumstances surrounding it, you are entitled to a fair trial where your innocence is presumed. Our drug charge lawyer in Austin can help you present your case and aggressively defend your rights.
Defining Drug Manufacturing
The legal definition of drug manufacturing can be found in the Texas Controlled Substances Act Section 481.002. The code indicates the following activities as contributing to the manufacture of controlled substances:
- Production
- Propagation
- Preparation
- Compounding
- Conversion
- Processing of a controlled substance by means of:
- Natural extraction
- Chemical synthesis
- Packaging
- Repackaging
- Relabeling
The only people who are exempt from these limitations are licensed practitioners working with the controlled substance for research, educational, or chemical analysis. Our drug charge lawyer in Austin and San Antonio can help you sort out the details of your case should you be accused of a drug manufacturing crime.
Penalties for Manufacturing Drugs
In addition to the federal drug scheduling system guidelines, Texas divides controlled substances into five separate penalty groups. Manufacturing charges are based on both the penalty group and the weight of the substance in question. Because of its evolving legal status, marijuana is the only controlled substance which has its own category. Below are some examples of common substances and their arrangement:
Penalty Group 1 – Opioids (including painkillers), meth, ketamine, psilocybin, and LSD.
Penalty Group 2 – Ecstasy, PCP, mescaline, and synthetic marijuana.
Penalty Group 3 – Benzodiazepine, valium, and anabolic steroids.
Penalty Group 4 – Certain prescription medications and precursor materials.
Marijuana – Various forms of cannabis; referred to as marihuana in the Texas statute.
Defense for Manufacturing Charges
There are numerous viable defenses against drug manufacturing charges. When working with a new client, our drug charge lawyer in Austin reviews all the details of their unique case. Depending on the circumstances, the Fourth and Fifth Amendments may play an important role in exonerating the accused. The Fourth Amendment, which ensures proper and legal search and seizure, may have been violated in the course of evidence collecting. The Fifth Amendment, which protects the right not to incriminate oneself, may also have been violated.
Contact Our Drug Charge Lawyer in Austin, TX
Let the Law Office of Jesse Hernandez represent you. We can help you understand the charges brought against you and prepare all evidence needed for an aggressive defense. Our offices provide free case evaluations to all potential clients. Contact us today to schedule your appointment.
San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 807-8656.
Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 982-4798.
