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Drug Manufacturing

Texas Health and Safety Code § 481.002(25) defines manufacture as “the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container.” In all but a few cases, drug manufacturing in Texas is a felony offense.

Prosecutors aggressively often portray alleged offenders accused of these types of drug crimes as being inherent dangers to the community in pursuing maximum punishments. Depending on the amount of a controlled substance that is involved in these types of offenses, a person could face enhanced penalties that possibly carry mandatory minimum prison sentences and hundreds of thousands of dollars in fines.

Lawyer for Drug Manufacturing Arrests in Fort Worth, TX

If you were arrested or believe that you could be under investigation in the DFW area for allegedly manufacturing a controlled substance, it is in your best interest to not make any kind of statement to authorities unless you have legal counsel. Townsend, Gebhardt & Eppes, PLLC can investigate to determine if police violated your constitutional rights during any search or seizure and fight to possibly get the criminal charges reduced or dismissed.

Fort Worth criminal defense attorneys Andrea Townsend, Steven Gebhardt, and Brian Eppes represent individuals in Weatherford, Arlington, Cleburne, Fort Worth, and many surrounding areas in Tarrant County, Parker County, and Johnson County. They can provide a complete evaluation of your case as soon as you call 817-502-3600 to schedule a free, confidential consultation.


Tarrant County Drug Manufacturing Information Center


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Drug Manufacturing Penalties in Texas

The Texas Controlled Substances Act is the more common name for Chapter 481 of the Texas Health and Safety Code. The manufacture of controlled substances is prohibited under this chapter, and manufacturing offenses are graded according to the quantity of the illegal drug involved and the Penalty Group that the controlled substance is classified under.

Drug manufacturing crimes are generally classified as follows:

Manufacture of Controlled Substance in Penalty Group 1

Penalty Group 1 includes such drugs as cocaine, heroin, and methamphetamine. Texas Health and Safety Code § 481.112 establishes that offenses involving the manufacture of any controlled substance in Penalty Group 1 are graded as follows:

  • Less than 1 gram — State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000;
  • 1 gram or more but less than 4 grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;
  • 4 grams or more but less than 200 grams — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000; and
  • 200 grams or more but less than 400 grams — Enhanced first-degree felony punishable by a minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000;
  • 400 grams or more — Enhanced first-degree felony punishable by a minimum of 15 years up to 99 years or life in prison and/or a fine of up to $250,000.

Under Texas Health and Safety Code § 481.1122, when a child younger than 18 years of age was present on the premises where the manufacture of any controlled substance listed in Penalty Group 1 was committed, a conviction is punishable as follows:

  • Less than 1 gram — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000;
  • 1 gram or more but less than 200 grams — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000; and
  • 200 grams or more but less than 400 grams — Enhanced first-degree felony punishable by a minimum of 15 years up to 99 years or life in prison and/or a fine of up to $150,000;
  • 400 grams or more — Enhanced first-degree felony punishable by a minimum of 20 years up to 99 years or life in prison and/or a fine of up to $300,000.

Manufacture of Controlled Substance in Penalty Group 1-A

Penalty Group 1-A includes such drugs as lysergic acid diethylamide (LSD). Under Texas Health and Safety Code § 481.1121, crimes involving the manufacture of any controlled substance in Penalty Group 1-A are graded as follows:

  • Fewer than 20 abuse units — State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000;
  • 20 or more but fewer than 80 — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;;
  • 80 or more but fewer than 4,000 — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000; and
  • 4,000 or more — Enhanced first-degree felony punishable by a minimum of 15 years up to 99 years or life in prison and/or a fine of up to $250,000.

Manufacture of Controlled Substance in Penalty Group 2 or 2-A

Penalty Group 2 includes such drugs as 3,4-methylenedioxymethamphetamine (MDMA, Ecstasy, or Molly), cathinone, and psilocybin (psychedelic mushrooms). Penalty Group 2-A includes many synthetic cannabinoids. Texas Health and Safety Code § 481.113 establishes that offenses involving the manufacture of any controlled substance in Penalty Group 2 or 2-A are graded as follows:

  • Less than 1 gram — State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000;
  • 1 gram or more but less than 4 grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;;
  • 4 grams or more but less than 400 grams — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000; and
  • 400 grams or more — Enhanced first-degree felony punishable by a minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000.

Manufacture of Controlled Substance in Penalty Group 3 or 4

Penalty Group 3 includes such drugs as zolpidem (Ambien), diazepam (Valium), and alprazolam (Alprazolam). Penalty Group 4 includes compounds, mixtures, or preparations containing limited quantities of codeine or opium. Under Texas Health and Safety Code § 481.114, crimes involving the manufacture of any controlled substance in Penalty Group 3 or 4 are graded as follows:

  • Less than 28 grams — State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000;
  • 28 grams or more but less than 200 grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;
  • 200 grams or more but less than 400 grams — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000; and
  • 400 grams or more — Enhanced first-degree felony punishable by a minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000.

Manufacture of Miscellaneous Controlled Substances

Texas Health and Safety Code § 481.119 establishes that offenses involving the manufacture of a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group is graded as follows:

  • First offense — Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000;
  • Second Offense — State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000; and
  • Third or Subsequent Offense — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000.

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Related Drug Manufacturing Crimes in Tarrant County

Several other activities related to drug manufacturing are also criminalized under the Texas Controlled Substances Act. Several of these crimes concern the unlawful use of a chemical precursor, which is defined under Texas Health and Safety Code § 481.002(51) as meaning:

  • Methylamine;
  • Ethylamine;
  • D-lysergic acid;
  • Ergotamine tartrate;
  • Diethyl malonate;
  • Malonic acid;
  • Ethyl malonate;
  • Barbituric acid;
  • Piperidine;
  • N-acetylanthranilic acid;
  • Pyrrolidine;
  • Phenylacetic acid;
  • Anthranilic acid;
  • Ephedrine;
  • Pseudoephedrine;
  • Norpseudoephedrine;  or
  • Phenylpropanolamine.

A few additional offenses that an alleged offender may be charged with include:

  • Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance — Texas Health and Safety Code § 481.124 makes it illegal for an alleged offender to, with intent to unlawfully manufacture a controlled substance, possess or transport anhydrous ammonia, an immediate precursor, or a chemical precursor or an additional chemical substance named as a precursor by the director under Texas Health and Safety Code § 481.077(b)(1). A violation of this statute is classified as a second-degree felony if the controlled substance is listed in Penalty Group 1 or 1-A, a third-degree felony if the controlled substance is listed in Penalty Group 2, a state jail felony if the controlled substance is listed in Penalty Group 3 or 4, or a Class A misdemeanor if the controlled substance is listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group;
  • Transfer of Precursor Substance for Unlawful Manufacture — Texas Health and Safety Code § 481.137 makes it illegal for a person to sell, transfer, or otherwise furnish a chemical precursor subject to Texas Health and Safety Code § 481.077(a) with the knowledge or intent that the recipient will use the chemical precursor to unlawfully manufacture a controlled substance or controlled substance analogue. A violation of this statute is a third-degree felony;
  • Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury — Texas Health and Safety Code § 481.141 establishes that the punishment for any state jail felony, third-degree felony, or second-degree felony offense charge for manufacture of a controlled substance in Penalty Group 1, 1-A, 2, 2-A, 3, or 4 is increased by one degree if a person died or suffered serious bodily injury as a result of injecting, ingesting, inhaling, or introducing into the person's body any amount of the controlled substance manufactured by the alleged offender.
  • Unlawful Delivery or Manufacture with Intent to Deliver — Texas Health and Safety Code § 482.002 makes it a state jail felony for an alleged offender to knowingly or intentionally manufacture with the intent to deliver a simulated controlled substance and the alleged offender expressly represents the substance to be a controlled substance, represents the substance to be a controlled substance in a manner that would lead a reasonable person to believe that the substance is a controlled substance, or states to the person receiving or intended to receive the simulated controlled substance that the person may successfully represent the substance to be a controlled substance to a third party.

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Texas Drug Manufacturing Offense Resources

Challenge of Tarrant County | Fort Worth, TX — Challenge is nonprofit organization dedicated to confronting substance abuse in Tarrant County. Visit this website to learn more about the different institutions and programs Challenge helped create, download a copy of the annual Substance Abuse Information Databank (SAID), and find information about upcoming events. You can also find information about the organizations’s education, advocacy, and action achievements.

Challenge of Tarrant County
226 Bailey Ave. Suite 105
Fort Worth, TX 76107
(817) 336-6617

Drug Manufacturers and Distributors | Texas Department of State Health Services (DSHS) — A manufacturer is defined as “a person who manufactures, prepares, propagates, compounds, processes, packages, or repackages drugs, or a person who changes the container, wrapper, or labeling of any drug package.” Businesses engaged in the manufacture of over-the-counter (OTC) drugs or prescription drugs in Texas are required to be licensed with the DSHS. On this website, you can learn more about licensing requirements, recent changes to schedules of controlled substances, and answers to frequently asked questions.


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Townsend, Gebhardt & Eppes, PLLC | Fort Worth Drug Manufacturing Defense Attorney

Do you think that you might be under investigation or were you already arrested for allegedly manufacturing a controlled substance in the DFW area? Make sure that you contact Townsend, Gebhardt & Eppes, PLLC before you speak to authorities.

Andrea Townsend, Steven Gebhardt, and Brian Eppes are experienced criminal defense lawyers in Fort Worth who defends clients all over Tarrant County, Parker County, and Johnson County, including Fort Worth, Weatherford, Arlington, Cleburne, and several other nearby communities. Call 817-502-3600 or submit an online form to have our attorneys review your case and discuss all of your legal options during a free initial consultation.


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