Texas Law on Manufacturing and Delivery
Controlled substances under Texas law include heroin, cocaine, methamphetamine, marijuana, and many more including opioids. Under Texas law, these substances, except marijuana, are listed in Penalty Groups 1, 1-A, 2, 3, and 4. Marijuana has its own classification and penalties.
Delivery means to “actually or constructively” transfer one or more of these substances to another party. Manufacture refers to the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marijuana by someone not authorized to do so for medical or research purposes.
The Texas Controlled Substance Act of 1973 assesses penalties for manufacturing/distribution by drug classification, or group:
- Group 1: Includes cocaine, mescaline, ketamine, meth, and opioids.
- Group 1A: Includes lysergic acid (LSD) and compounds manufactured from its components.
- Group 2: Includes hashish and other cannabinoids, as well as PCP and Ecstasy (MDMA).
- Group 3: Includes opiates and opioids not listed in Penalty Group 1, along with anabolic steroids and sedatives such as Valium.
- Group 4: Includes opiates and opioids not listed in 1 or 3, as well as some prescription drugs that can be abused.
Penalties begin at 180 days to two years in jail, along with a fine of up to $10,000. Maximum penalties rise to a $250,000 fine and 15 to 99 years in jail, including a possible life sentence. Prison terms can be increased if the manufacture or transaction took place within 1,000 feet of a school or day care center.
If the drug is not listed in one of these five groups, it is considered a Class A misdemeanor with a penalty of up to one year in jail and a $4,000 fine.
Any search uncovering manufacturing or delivery operations must be done legally. The U.S. Constitution’s Fourth Amendment protects people from unreasonable searches. Texas has its own version of this amendment, affording its citizens full protection under the law.
Law enforcement needs a valid search warrant before entering your premises. However, Texas law also requires that each search warrant contain an affidavit establishing the probable cause for the search. Probable cause must include the specific crime believed to have been committed, and an explanation of why the place to be searched is evidence of the crime.
If a warrant lacks proper justification, it can be attacked legally as being invalid. Another defense to the invalidity of a search warrant occurs when it can be shown that the information leading to the search came from an unreliable source. Also, remember that searches by private individuals are illegal in Texas.
Seek Legal Counsel Immediately
The manufacture and delivery of controlled substances in Dallas and surrounding areas can lead to serious consequences. You need someone who has experience in criminal defense and can offer you the best chance to get your charges reduced or dismissed. At the Law Office of Thomas R. Cox, I understand you’re often the victim of circumstances, and I’ll work with prosecutors to help them understand your situation. You don’t want to go at it alone when faced with these charges, nor do you want to hesitate or delay legal consultation and representation.