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Manufacturing a Controlled Substance: Understanding Texas Drug Charges


Texas has a history of having some of the toughest drug laws on the books. However, manufacturing is considered one of the most serious drug crimes and therefore carries some of the harshest penalties.

What Qualifies Drug Manufacturing?

The Texas Controlled Substances Act Section 481.002 defines manufacturing of a controlled substance as “the compounding, conversion, preparation, processing, production or propagation of a controlled substance.” Because the law is vague, a number of different acts qualify as manufacturing, including:

  • Being directly or indirectly involved in chemical manufacturing;
  • The packaging or repackaging of a controlled substance;
  • Labeling or relabeling a controlled substance’s container.

Though many drugs can be manufactured, the most common are methamphetamine, crack cocaine, and LSD.

Factors that Affect Drug Manufacturing Penalties

Drug cases are rarely black and white; that’s because the state takes several things into consideration when determining consequences for drug manufacturing. If convicted of manufacturing, the state will consider each of the following before sentencing:

  • The type of drug being manufactured;
  • How much was being cultivated;
  • The quantity of a controlled substance that had been created by the time law enforcement discovered it;
  • The defendant’s previous criminal record.

It should be noted that when determining how much of a controlled substance is present, authorities look at the total weight, including adulterants (substances that are readily available, like caffeine and sugar) or diluents (inactive ingredients often used as binders). Even if a drug is cut with legal substances, in order to increase profits, the total weight of the drug itself plus the bulking agent will be used.

If convicted at the state level, you could face a prison sentence of 180 days to two years and a fine of up to $10,000. From there, sentences can increase (based on the above factors) to life in prison and up to $250,000 in fines.

As a former federal prosecutor, criminal court judge, and U.S. Marine Corps officer, Patrick McLainknows what you are up against and what it takes to win a fight. If you’re facing drug charges, contact us online or at (214) 238-9392 to schedule a consultation with our accomplished Dallas federal criminal defense lawyers.

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