Texas Drug Manufacturing / Cultivation Laws

Overview of Texas Drug Manufacturing/Cultivation Laws

Manufacturing or cultivating drugs is a violation of the Texas state law known as the Texas Controlled Substances Act. Under this law, a variety of drugs are placed into four "penalty groups," each with their own classifications and penalties for drug-related violations. Notably, marijuana is classified on its own, independent of these four classes of drugs. Prosecutors must prove beyond a reasonable doubt that the defendant manufactured or cultivated the drug in question with the intent to deliver it to another person.

Texas Drug Manufacturing and Cultivation Laws: An Overview

Below you will find key information on Texas drug cultivation laws, penalties, and possible defenses. If you’ve been charged with a drug-related crime, you should always speak with a Texas drug crimes attorney to understand the nature of the charges against you.

Statutes

Possible Defenses

  • Lack of knowledge that the drug was being manufactured or cultivated. For example, Bob did not know that many of the green plants growing in the backyard of his new house are marijuana plants.
  • Lack of intent to deliver it to others
  • The drug was not intended for human consumption
  • Insufficient quantity
  • The drug was a substance for which there is an approved new drug application under the Federal Food, Drug, and Cosmetic Act; or
  • The drug has been approved for investigational use under the Federal Food, Drug, and Cosmetic Act and the defendant's conduct was in accord with that exemption.
  • The drug is medical marijuana.
  • The drug is a prescribed medication from a medical doctor and is being cultivated for personal use for that reason only.

NOTE: Addiction is NOT a defense.

Penalties

Penalties for violation of Texas drug manufacturing and cultivation laws varies, based on a few determining factors. Namely, these are:

  • Type of drug;
  • Quantity;
  • How the drug was being cultivated;
  • Past convictions

Texas has some of the harshest penalties for drug-related offenses. A penalty for manufacturing or cultivating a drug listed in any one of the four penalty groups can range from a state jail felony carrying a sentence of 180 days to two years in state prison and/or a fine of no more than $10,000, to life in prison and/or a fine of up to $250,000. It all depends on the type of drug and which penalty group it falls under, and then how much of the drug is at issue.

If the controlled substance at issue in a case is not listed in any of the penalty groups, then the charge will be a "Class A" misdemeanor. This misdemeanor carries a sentence of not more than one year in a county jail and/or a fine of no more than $4,000.

Another factor that may influence sentencing is whether or not a person died or was seriously injured due to their use of the drug manufactured or cultivated by the defendant. If so, the punishment may be increased by one degree. For example, a charge which would normally carry a penalty of a second degree felony would now be elevated to that of a first degree felony.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Texas Drug Manufacturing/Cultivation Charges Laws: Related Resources

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