{"id":376608,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-drug-manufacturing-cultivation-laws.html"},"modified":"2018-03-29T13:13:40","modified_gmt":"2018-03-29T18:13:40","slug":"texas-drug-manufacturing-cultivation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-drug-manufacturing-cultivation-laws.html","title":{"rendered":"Texas Drug Manufacturing \/ Cultivation Laws"},"content":{"rendered":"\n
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Texas Drug Manufacturing \/ Cultivation Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Overview of Texas Drug Manufacturing\/Cultivation Laws<\/h2>\n

Manufacturing or cultivating drugs is a violation of the Texas state law known as the Texas Controlled Substances Act<\/a>. Under this law, a variety of drugs are placed into four "penalty groups," each with their own classifications and penalties for drug-related violations. Notably, marijuana<\/a> is classified on its own, independent of these four classes of drugs. Prosecutors must prove beyond a reasonable doubt that the defendant manufactured or cultivated the drug in question with the intent to deliver it to another person.<\/p>\n

Texas Drug Manufacturing and Cultivation Laws: An Overview<\/h2>\n

Below you will find key information on Texas drug cultivation laws, penalties, and possible defenses. If you\u2019ve been charged with a drug-related crime, you should always speak with a Texas drug crimes attorney to understand the nature of the charges against you.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Possible Defenses <\/b><\/p>\n<\/td>\n

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  • Lack of knowledge that the drug was being manufactured or cultivated. For example, Bob did not know that many of the green plants growing in the backyard of his new house are marijuana plants.<\/li>\n
  • Lack of intent to deliver it to others<\/li>\n
  • The drug was not intended for human consumption<\/li>\n
  • Insufficient quantity<\/li>\n
  • The drug was a substance for which there is an approved new drug application under the Federal Food, Drug, and Cosmetic Act; or<\/li>\n
  • The drug has been approved for investigational use under the Federal Food, Drug, and Cosmetic Act and the defendant’s conduct was in accord with that exemption.<\/li>\n
  • The drug is medical marijuana.<\/li>\n
  • The drug is a prescribed medication from a medical doctor and is being cultivated for personal use for that reason only.<\/li>\n<\/ul>\n

    NOTE: Addiction is NOT a defense.<\/i><\/b><\/p>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Penalties for violation of Texas drug manufacturing and cultivation laws varies, based on a few determining factors. Namely, these are:<\/p>\n