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Defenses to Drug Manufacturing Charges

Drug manufacturing is a serious crime, and Plano residents who are charged with this offense will want to have a dedicated and hardworking Plano criminal defense attorney on their side. Manufacturing or cultivating an illegal narcotic is considered a violation of the Texas state law known as the Texas Controlled Substances act. This law lists a variety of different drugs that are placed into a variety of different penalty groups.

Each of these penalty groups has a list of their own penalties for drug-related crimes. Marijuana is typically classified on its own in accordance with the Texas Controlled Substances Act. Prosecutors are required to prove beyond a reasonable doubt that the person being charged with the crime manufactured or cultivated the specific drug that he or she is being charged with the intent to deliver it to another person. If the drug was cultivated or manufactured for the defendant's own personal use, then that individual doesn't have a case.

Defendants can argue that the drug that they created was not for human consumption, or that the drug was a substance that was approved for a new application by the Food and Drug Administration or Cosmetic Act. Also, defendants may be able to gain a dismissal if they can prove that the drug was medical marijuana being created for licensed use, or that the drug is a prescribed medication from a doctor that is being cultivated for personal use. Also, if the drug has been approved for investigational use and the defendant t conduct was in accordance with that exemption, then this may be a reason that the case would be dismissed.

If the defendant had no intention to deliver a particular drug to another person, or if there is an insufficient quantity of the drug, then the individual may see success in his or her case. Also, an attorney can argue that the defendant was unaware that a drug was being manufactured or cultivated. For example, if a person has marijuana plants growing in his or her backyard and was unaware of this, then that would be a viable defense in court. If you want more information about drug manufacturing defense, hire a Texas drug defense attorney to represent you in your case today!