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!