What are the Consequences of a Manufacture Charge?

To manufacture means to produce or prepare a controlled substance, to propagate or cultivate a controlled substance that grows naturally (such as extracting opium from a poppy or refining it to produce a drug), or simply to package a controlled substance.

Although charges of manufacturing a controlled substance are far less common, the recent rise in methamphetamine production has led to a rise in prosecution for it.

If you knowingly or intentionally deliver, possess with intent to deliver, or manufacture with intent to deliver any drug paraphernalia to someone who does or will receive it in order to use it for drug-related use, that’s a Class A misdemeanor. The exceptions to this, which amp up the charge, include if:

  1. You have a prior conviction of delivery, possession with intent to deliver, or manufacturing with intent to deliver drug paraphernalia; it then becomes punishable by a jail sentence of at least 90 days but not more than one year;
  2. You are at least 18 years old and the drug paraphernalia is delivered to, or intended for delivery to, a person who is younger than 18 and at least 3 years younger than you; then it becomes a state jail felony.

A precursor is a chemical is used to create another chemical compound. For example, ephedrine, a common ingredient in cold medication, can be used to make methamphetamine and so it is labeled a precursor chemical. Transferring or receiving such chemicals illegally are also drug crimes under Texas law.