Drug Manufacturing

Drug manufacturing is referred to as the cultivation or creation of illegal controlled substances. Texas is known to have some of the most stringent laws and penalties for those convicted of drug manufacturing or other related offenses. Even the lightest offense for drug manufacturing is a state jail felony.

If you are convicted of drug manufacturing, you may have to face serious penalties including heavy fines, prison or jail time, the inability to own a firearm, and losing the right to vote. You must act quickly to combat these charges. If you or someone you know has been charged with drug trafficking in Texas, it’s vital that you gain legal representation. 

Brownsville Attorney for Drug Manufacturing in Texas

Are you under investigation for a drug manufacturing offense? The statutory penalties for drug manufacturing are harsh and can be life-altering. You must be aware of what could happen next. A skilled attorney can evaluate your case and uncover the best possible legal option for you. 

Johnathan Gracia is a respected attorney who has a strong focus in criminal defense. He has been a Brownsville resident his whole life and is passionate about defending its residents. With his years of experience and skills, Johnathan Gracia can mount a strong defense for you. 

Call today at (956) 504-2211 to schedule a free consultation. The Gracia Law Firm accepts clients throughout the greater Cameron County area including Harlingen, Brownsville, Palm Valley, and Rio Hondo. 

Overview of Drug Manufacturing Charges in Texas 


How Texas Law Defines Drug Manufacturing

Texas only allows drug manufacturing by those who are legally licensed as a practitioner for research, teaching, or chemical analysis of substances with no intent to distribute. A person who unlawfully manufactures an illegal controlled substance is committing a criminal offense.

Drug manufacturing is defined under the Texas Controlled Substances Act as any production, preparation, conversion, processing, propagation, or compounding of a controlled substance. A drug manufacturing offense can also include labeling and packaging of illegal substances. 


Texas Drug Penalty Groups

The state of Texas uses penalty groups to classify the severity of a controlled substance. Similarly to drug schedules, Texas penalty groups are based on the risk of abuse and possible medicinal purpose. Penalty group one drugs are considered the most dangerous while penalty group four controlled substances are considered the least harmful.

Penalty Group 1 

  • These drugs have the highest risk for chemical dependency and the harshest penalties for manufacturing. No drug in penalty group one has any medicinal purpose. Some examples for penalty group one drugs include:
    • Oxycodone;
    • Methadone;
    • Heroin;
    • Ketamine;
    • Opium;
    • Cocaine (Coke); or
    • Methamphetamines (Meth).

Penalty Group 1-A

  • Penalty group 1-A is unique to the other penalty groups as it only includes one drug. The controlled substance lysergic acid diethylamide (LSD) is known to have a harsh effect on the body with continued use and has little medical use.

Penalty Group 2 and 2-A 

  • Penalty group 2 and 2-A drugs have dangerous addictive properties and little medical usage. Many controlled substances in these groups are synthetic drugs that mimic other substances. A few examples of penalty group 2 or 2-A drugs include:
    • Synthetic THC;
    • MDMA (methylenedioxymethamphetamine);
    • Phenylacetone;
    • Mescaline;
    • DET (Diethyltryptamine);
    • DOET (2,5-Dimethoxy-4-ethylamphetamine); and
    • PMA (Paramethoxyamphetamine).

Penalty Group 3

  • Some drugs included under penalty group 3 can be used in the medical field. However, a number of penalty group 3 drugs can be dangerous if used in excess. Some drugs included in penalty group 3 include:
    • Alparazolam;
    • Tramadol;
    • Barbital;
    • Peyote;
    • Less than 300 mg of Hydrocone; and
    • Less than 1.8 grams of Codeine.

Penalty Group 4

  • Drugs found under penalty group 4 are safe to consume for a medicinal reason. A number of drugs listed under penalty group 4 are based on the amount of the substance consumed, manufactured, or used. Drugs included under penalty group 4 drugs are:
    • No more than 100 milligrams of dihydrocodeine per 100 grams;
    • No more than 100 milligrams of ethylmorphine per 100 grams; and
    • No more than 200 milligrams of codeine per 100 grams.

Penalties for Manufacturing a Penalty Group 1 Drug in Texas

Texas court determines the penalties for drug manufacturing by the controlled substance’s classification and quantity. Manufacturing any penalty group one drug can result in serious legal consequences including large fines and possible incarceration. Any person who has been accused of drug manufacturing should seek an experienced criminal defense attorney.

The following are the penalties for manufacturing penalty group 1 drugs in Texas. 

  • Under One Gram – State Jail Felony
    • The maximum penalties for a state jail felony include up to 24 months in jail and a possible fine of up to $10,000.
  • One to Four Grams – Second-Degree Felony
    • The maximum penalties for a second-degree felony include up to 20 years in prison and a possible fine of up to $10,000.
  • Four to 200 Grams – First-Degree Felony
    • With a minimum of 5 years in prison and a maximum of 99 years or life in prison, and a fine of up to $10,000.
  • 200 to 400 Grams – First-Degree Felony
    • With a minimum of 10 years in prison and a maximum of 99 years or life in prison, and a fine of up to $100,000.
  • Over 400 Grams – First-Degree Felony
    • With a minimum of 15 years in prison and a maximum of 99 years or life in prison, and a fine of up to $250,000.

Penalties for Manufacturing LSD in Texas

Texas law isolates lysergic acid diethylamide (LSD) into its own group. Penalty group 1-A is reserved for LSD and instead uses units instead of grams for measurement. This is because LSD is normally taken in unit tabs orally. The following are the penalties for manufacturing LSD in Texas.

  • Under 20 Units – State Jail Felony
    • The maximum penalties for a state jail felony include up to 24 months in jail and a possible fine of up to $10,000.
  • 20 to 80 Units – Second-Degree Felony
    • The maximum penalties for a second-degree felony include up to 20 years in prison and a possible fine of up to $10,000.
  • 80 to 4,000 Units – First-Degree Felony
    • With a minimum of 5 years in prison and a maximum of 99 years or life in prison, and a fine of up to $10,000.
  • Over 4,000 Units – First-Degree Felony
    • With a minimum of 15 years in prison and a maximum of 99 years or life in prison, and a fine of up to $250,000.

Penalties for Manufacturing Penalty Group 2 or 2-A Drugs in Texas

The majority of drugs included in penalty group 2 or 2-A are synthetic drugs such as synthetic cannabinoids. The following are the penalties for manufacturing penalty group 2 or 2-A drugs in the state of Texas. 

  • Under One Gram – State Jail Felony
    • The maximum penalties for a state jail felony include up to 24 months in jail and a possible fine of up to $10,000.
  • One to Four Grams – Second-Degree Felony
    • The maximum penalties for a second-degree felony include up to 20 years in prison and a possible fine of up to $10,000.
  • Four to 400 Grams – First-Degree Felony
    • With a minimum of 5 years in prison and a maximum of 99 years or life in prison, and a fine of up to $10,000.
  • Over 400 Grams – First-Degree Felony
    • With a minimum of 10 years in prison and a maximum of 99 years or life in prison, and a fine of up to $100,000. 

Penalties for Manufacturing a Penalty Group 3 or 4 Drug in Texas

Texas law groups the penalties for both penalty groups 3 and 4. The drugs included under penalty group 3 or 4 are considered to be less dangerous and use is more acceptable among the medical community. The following are the legal consequences for manufacturing penalty group 3 or 4 drugs in Texas. 

  • Under 28 Grams – State Jail Felony
    • The maximum penalties for a state jail felony include up to 24 months in jail and a possible fine of up to $10,000.
  • 28 to 200 Grams – Second-Degree Felony
    • The maximum penalties for a second-degree felony include up to 20 years in prison and a possible fine of up to $10,000.
  • 200 to 400 Grams – First-Degree Felony
    • With a minimum of 5 years in prison and a maximum of 99 years or life in prison, and a fine of up to $10,000.
  • Over 400 Grams – First-Degree Felony
    • With a minimum of 10 years in prison and a maximum of 99 years or life in prison, and a fine of up to $100,000.

Penalties for Cultivation of Marijuana in Texas

Texas law determines the penalties for manufacturing or growing marijuana by the aggregate weight of the plants found. Consequently, the penalties for cannabis cultivation are the same for a possession offense. The following are the penalties for manufacturing marijuana in Texas. 

  • Two Ounces or Less – Class B Misdemeanor
    • The maximum penalties of a class B misdemeanor include up to 180 days in county jail, and a fine of up to $2,000.
  • Five Pounds or Less, But More Than Four Ounces – Class A Misdemeanor
    • The maximum penalties of a class A misdemeanor include up to 12 months in county jail, and a fine of up to $4,000.
  • 50 Pounds or Less, But More Than 5 Pounds – Third-Degree Felony
    • The maximum penalties of a third-degree felony include up to 10 years in prison, and a fine of up to $10,000.
  • 2,000 Pounds or Less, But More Than 50 Pounds – Second-Degree Felony
    • The maximum penalties for a second-degree felony include up to 20 years in prison and a possible fine of up to $10,000. 

Texas Drug Paraphernalia Laws in Texas

A common charge that is added to a drug manufacturing offense is the possession of drug paraphernalia. It’s illegal in Texas to use, deliver, or possess drug paraphernalia. Those who are convicted of possession of drug paraphernalia may face a class C misdemeanor, which is punishable with a fine of up to $500.

Those who intentionally deliver, distribute, or manufacture with intent to deliver may face enhanced penalties. Any person convicted of delivering drug paraphernalia may face class A misdemeanor charges, which is punishable by up to 12 months in jail, and a fine of up to $4,000. 

If the delivery or attempt to deliver drug paraphernalia was to a minor, the legal penalties may be elevated. For the legal consequences to increase the alleged offender must be at least 18 years old and there must be an age difference of at least 3 years between both parties. Those charged with delivering drug paraphernalia to a minor may face a state jail felony, which is punishable by up to 24 months in jail, and a fine of up to $10,000. 


Additional Resources

Texas Drug Laws – Visit the official website for Texas state laws and legislation. Find more information about drug laws in Texas’s Health and Safety Code. Here you can learn the charge specifics, admissible defenses, and other related drug offenses. 

High Intensity Drug Trafficking Areas – Visit the official website for the Drug Enforcement Administrations (DEA), and find more information on their High Intensity Drug Trafficking Area (HIDTA) program. The purpose of HIDTA is to reduce drug trafficking and manufacturing in the United States by targeting areas with high activity. 


Drug Manufacturing Lawyer in Brownsville, Texas

Have you been accused of drug manufacturing in the greater Brownsville area? If you or someone you know has been charged with manufacturing a controlled substance, it’s important that you gain trusted legal representation immediately. 

Johnathan Gracia is a respected attorney with a strong focus in criminal defense. He has defended numerous clients charged with drug trafficking by using intricate and well-developed legal defenses. Rest assured, Johnathan Gracia will do whatever is possible to fight for your rights. Start the first steps to your defense today with Johnathan Gracia at The Gracia Law Firm.

Call us now at (956) 504-2211 and schedule a free consultation. Attorney Johnathan Gracia accepts throughout all parts of Cameron County and surrounding counties including Hidalgo County and Willacy County.


This article was last updated on November 5, 2018.