Created by FindLaw's team of legal writers and editors | Last reviewed March 29, 2018
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Manufacturing or cultivating drugs is a violation of the Texas state law known as the Texas Controlled Substances Act. 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 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.
Below you will find key information on Texas drug cultivation laws, penalties, and possible defenses. If you’ve 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.
Statutes |
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Possible Defenses |
NOTE: Addiction is NOT a defense. |
Penalties |
Penalties for violation of Texas drug manufacturing and cultivation laws varies, based on a few determining factors. Namely, these are:
Texas has some of the harshest penalties for drug-related offenses. A penalty for manufacturing or cultivating a drug listed in any one of the four penalty groups can range from a state jail felony carrying a sentence of 180 days to two years in state prison and/or a fine of no more than $10,000, to life in prison and/or a fine of up to $250,000. It all depends on the type of drug and which penalty group it falls under, and then how much of the drug is at issue. If the controlled substance at issue in a case is not listed in any of the penalty groups, then the charge will be a "Class A" misdemeanor. This misdemeanor carries a sentence of not more than one year in a county jail and/or a fine of no more than $4,000. Another factor that may influence sentencing is whether or not a person died or was seriously injured due to their use of the drug manufactured or cultivated by the defendant. If so, the punishment may be increased by one degree. For example, a charge which would normally carry a penalty of a second degree felony would now be elevated to that of a first degree felony. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Have you or someone you love been charged with a Texas drug manufacturing or cultivation crime? If so, you’ll want to understand the laws and any possible defenses that may be available to you. You don’t need to pull out a set of dusty law books or do the research on your own. Instead, you can contact an experienced drug crime lawyer in Texas who can explain how the state's drug manufacturing and cultivation laws apply to your case, and what defenses may be available based on the specific facts of your case.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Texas attorneys offer free consultations for Drug Crime.