Manufacturing cocaine in Texas can bring about life-shattering consequences for those who are convicted. Below, Price & Twine, PLLC explains the cocaine manufacturing law in Texas, possible defenses, and why to consult with a criminal defense lawyer right away if charged with an offense.
Georgetown Drug Manufacturing Defense Lawyer
Texas takes drug possession and manufacture charges very seriously, as being found guilty can equate to a lifetime in prison. To combat these charges, contact experienced criminal defense lawyers at Price & Twine, PLLC. Our drug crime lawyers will explore every legal option available to maximize your chances of a favorable outcome. To learn more, call us now at (512) 354-1880 or reach out to us online.
Information Center
- Overview of Texas Penalty Groups
- Offense Categories for Cocaine Possession in Georgetown
- Defense Strategies for Cocaine Manufacturing
- Frequently Asked Questions
- Additional Resources
- Hire a Cocaine Manufacture Defense Lawyer in Georgetown
Overview of Texas Controlled Substances Act – Penalty Group 1
Texas classifies controlled substances into “penalty groups,” rather than “schedules.” These penalty groups indicate the control level of the substance across the state and the penalties for creating, possessing and distributing these substances. Texas Health and Safety Code Section 481.112 outlines offenses related to the manufacture and delivery of Penalty Group 1 drugs. Some of the more recognizable drugs in Penalty Group 1 include the following:
- Cocaine
- Meth
- Morphine
- Codeine
- Heroin
- Opium and its derivatives
- Hydrocodone
- Ketamine
Understanding Offense Categories
The penalties for manufacturing cocaine are based on the weight of the substance, including any adulterants or dilutants. These offenses can be categorized as follows:
- State Jail Felony: Anything less than 1 gram
- 2nd Degree Felony: 1 gram of cocaine or more but under 4 grams
- 1st Degree Felony: 4 grams of cocaine or more but under than 200 grams
- Enhanced Penalties: 200 grams or more
State Jail Felony – Less Than One Gram
If the weight of the cocaine is less than one gram, the offense is considered a state jail felony. This is the least severe category but still carries significant penalties.
It is punishable by 3 months to 2 years in prison and a fine of up to $10,000.
Second Degree Felony – One To Four Grams
Manufacturing cocaine that weighs between one and four grams falls under a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.
First Degree Felony – Four To 200 Grams
An aggregate weight between four and 200 grams turns the offense into a first-degree felony punishable by 5-99 years in prison and a fine of up to $10,000.
Enhanced Penalties – 200 Grams Or More
The most severe penalties are reserved for cases involving the manufacturing of 200 grams or more of cocaine. These offenses can result in 10 years to life imprisonment and fines ranging from $100,000 to $250,000.
Defenses To Charges Under Texas’ Cocaine Manufacturing Laws
Challenging The “Knowingly” Element
Under Texas law, a person must “knowingly” manufacture, deliver, or possess with intent to deliver the controlled substance. Proving that the accused did not act “knowingly” could serve as a defense. For example, if someone was unknowingly involved due to deception or misrepresentation, this could potentially exonerate them from the charges.
Questioning The Amount Of Substance
Penalties are highly dependent on the weight of the controlled substance. Therefore, challenging the accuracy of the measured weight, including any adulterants or dilutants, can significantly affect the degree of the charge. In some cases, this could result in a reduction from a higher-degree felony to a lower-degree felony or even a state jail felony.
Lack Of Intent To Manufacture
Texas law specifically deals with the manufacturing aspect of controlled substances. If it can be proven that the accused had no intent to manufacture but rather possessed the substance for personal use, then the charges could be dropped or reduced to possession rather than manufacturing.
Valid Authorization Or License
Having valid authorization or license to handle such substances for scientific, medical, or educational purposes could serve as a defense.
Challenging Search And Seizure Methods
In many drug cases, the defense can challenge the methods used by law enforcement to search and seize evidence. Any violation of Fourth Amendment rights related to unlawful search and seizure could make the evidence inadmissible in court, potentially leading to the charges being dropped or reduced.
Errors In Laboratory Testing
Given that the penalties are so closely tied to the amount of the substance, any errors in laboratory testing can significantly impact the case. Challenging the procedures and accuracy of lab tests can be a viable defense strategy.
Frequently Asked Questions
What Does “Knowingly” Mean?
The term “knowingly” means the individual’s awareness that they were manufacturing, delivering, or possessing with intent to deliver a controlled substance. This element can be important for the defense, as proving that the accused did not act knowingly can lead to acquittal or dropped charges.
How Is The Weight Of The Substance Measured?
The weight of the controlled substance, including any adulterants or dilutants, determines the degree of the felony. Law enforcement agencies typically use laboratories to determine the aggregate weight. Errors or inconsistencies in the weight measurement can be challenged as part of the defense strategy.
What Is The Difference Between Possession And Manufacturing Charges?
While both possession and manufacturing of a controlled substance are illegal, the manufacturing charge carries harsher penalties. Manufacturing involves the creation or preparation of a controlled substance with the intent to distribute. If someone possesses a controlled substance but has no intent to manufacture or distribute, the charge may be reduced to possession rather than manufacturing.
What Are Adulterants And Dilutants?
Adulterants and dilutants are substances added to the controlled substance that can affect its weight. Since the penalties are based on the total aggregate weight, the presence of adulterants and dilutants is an important factor in determining the degree of the charge.
Can Law Enforcement Methods Be Challenged?
Yes, methods used by law enforcement to obtain evidence can be scrutinized. If it is proven that the search and seizure violated the accused’s Fourth Amendment rights, the evidence may be ruled inadmissible, affecting the outcome of the case.
What Are The Penalties For Manufacturing Cocaine In Texas?
Penalties are based on the weight of the controlled substance and can range from a state jail felony to life imprisonment.
What If I Had Authorization Or A License?
If the accused had valid authorization or a license for the controlled substance in question, then this could serve as a viable defense. This could lead to acquittal or dropped charges.
Resources
Texas State Law Library: Drug Offenses
Texas-specific laws and penalties related to drug offenses. Visit Texas State Law Library
United States Department of Justice: Controlled Substance Scheduling
Learn about federal drug scheduling and penalties. Visit DOJ Site
Hire a Cocaine Manufacture Defense Attorney in Georgetown
Understanding the laws surrounding the manufacturing of controlled substances like cocaine is important for those who might be facing cocaine manufacturing charges in Texas. For those facing charges, consulting with an experienced cocaine manufacturing lawyer should be a top priority. At Price & Twine, PLLC, you’ll find a committed criminal defense lawyer who knows the law and will work hard defending you and protecting your rights. For a consultation, call (512) 354-1880 or click here to contact us online.
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