Criminal Defense Drug Offenses
Manufacture or Distribution of a Controlled Substance
Manufacturing or distributing a controlled substance is one of the most seriously prosecuted drug offenses in Texas. Under the Texas Controlled Substances Act (Texas Health & Safety Code Chapter 481), it is a felony to knowingly manufacture, deliver, or possess with intent to deliver a controlled substance. The severity of the charge depends on the type of drug and the quantity involved. Todd Rash has extensive experience defending clients against drug manufacturing and distribution charges throughout North and Central Texas.
How Texas Classifies Controlled Substances
Texas divides controlled substances into Penalty Groups 1 through 4, with Penalty Group 1 (cocaine, heroin, methamphetamine, fentanyl) carrying the harshest penalties. The weight of the substance, including any adulterants or dilutants, determines the degree of the felony. Even small amounts of a Penalty Group 1 substance can result in a first-degree felony charge.
Manufacture Charges
Manufacturing includes producing, preparing, propagating, compounding, or processing a controlled substance. This can include operating a meth lab, growing marijuana, or synthesizing other substances. Manufacturing charges are typically charged at the highest penalty level for the drug involved.
Delivery and Distribution Charges
Delivery includes the actual transfer, constructive transfer, or offer to sell a controlled substance. Prosecutors often use undercover operations, confidential informants, and surveillance to build delivery cases. Possession with intent to deliver can be charged based on the quantity of drugs, packaging, scales, and cash found at the scene.
Federal Drug Charges
Large-scale manufacturing or distribution operations may be prosecuted federally under the Controlled Substances Act (21 U.S.C. § 841), which carries mandatory minimum sentences. Federal drug trafficking convictions can result in 5 to 40 years or more in federal prison without parole.
Potential Penalties
- › Penalty Group 1, less than 1g: State jail felony (180 days to 2 years
- › Penalty Group 1, 1–4g: 2nd degree felony (2–20 years
- › Penalty Group 1, 4–200g: 1st degree felony (5–99 years
- › Penalty Group 1, 200g+: Enhanced 1st degree felony (10–99 years or life
- › Federal trafficking: 5–40 years mandatory minimum (or more)
- › Fines up to $250,000 for federal charges
Possible Defenses
- › Unlawful search and seizure: challenging the warrant or stop
- › Lack of knowledge of the substance
- › Entrapment by law enforcement or confidential informant
- › Chain of custody issues with drug evidence
- › Lab testing errors or contamination
- › Constructive possession: the drugs were not yours
Frequently Asked Questions
Facing Manufacture or Distribution of a Controlled Substance charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
Free Consultation(817) 808-2247