Texas has some of the strictest drug laws in the country. If the court has charged an individual with manufacturing or cultivating illegal drugs, the consequences can be severe. If you have taken part in any portion of the production process, the court can charge you with a criminal offense. Even the selling of certain chemicals, equipment, or an offer to assist with production can result in a criminal charge.
In general, the court considers drug production a felony. If the has charged you with illicit drug manufacturing or cultivation, you could face prison time, heavy fines, and years of probation. A local Texas criminal defense attorney can review your case and determine the best line of defense. Read further for more information about drug manufacturing as a crime.
In order to the court to convict you of manufacturing drugs, the prosecutor must prove two things: possession and intent to manufacture. For instance, if you have only pseudoephedrine in your possession it may not be sufficient to back up the charge. However, if you also had equipment used for cooking meth in your possession, it would more than likely be enough to prosecute your case.
As more states legalize marijuana, it has become easier to find successful ways to cultivate the plant. The possession of marijuana seeds by themselves, with no other incriminating circumstances, is usually not enough evidence to charge an individual with intent to cultivate.
However, the cultivation and use of marijuana is still illegal in Texas. According to the federal law, if you have less than 50 plants growing, you could face up to five years in prison. If you have 1,000 plants or more, you could end up with a life sentence. Furthermore, if officers find you with indoor lamps and other equipment used for growing, it may be enough for officers to arrest you.
Some people, such as pharmacists, have access to many substances that someone can use to produce illegal drugs. A pharmacist has a license granting them access to these substances, which he or she may be able to use as a defense. In addition, individuals and companies that use certain industrial supplies and chemicals for a common purpose in business have permits to handle such materials.
Texas takes drug possession and production seriously. If you have been charged with the manufacture or cultivation of an illegal substance, it is important to understand your rights and options in the Lone Star State.