Drug Manufacturing Charges in Houston
What Counts as Manufacturing and How It’s Prosecuted in Texas
Drug manufacturing isn’t just something you see in movies about meth labs or cartel operations. In Texas—and especially in Houston—drug manufacturing charges are surprisingly common and incredibly serious. If you’re caught producing, preparing, or even possessing equipment used to make controlled substances, you could be facing steep felony charges, long prison sentences, and life-changing consequences.
This post explains what “manufacturing” means under Texas law, how prosecutors build their cases, and what to do if you’re being investigated or charged.
💡 For every post in this series, scroll down to “Related Posts.”
What Is Considered Drug Manufacturing in Texas?
Under the Texas Controlled Substances Act, drug manufacturing includes a wide range of activities related to creating, compounding, or processing illegal drugs or controlled substances.
Texas Health and Safety Code § 481.002(25) defines manufacturing as:
“The production, preparation, propagation, compounding, conversion, or processing of a controlled substance… by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.”
This includes:
- Mixing chemicals or cutting agents
- Cooking meth or refining cocaine
- Extracting THC concentrates from marijuana (e.g., wax, shatter)
- Packaging pills or converting powders into pill form
- Operating a grow house or indoor marijuana cultivation setup
- Using pill presses to make counterfeit prescription drugs
Even having the equipment to do any of these things—like scales, glassware, pill presses, vacuum sealers, or chemical precursors—can support a manufacturing charge.
Common Manufacturing Scenarios in Houston
Houston-area law enforcement takes drug manufacturing seriously and works closely with state and federal task forces. Common examples of manufacturing charges filed in Harris County include:
- A meth lab discovered in an apartment complex with chemicals, glassware, and finished product
- A suburban home found to be growing dozens of marijuana plants under high-powered lights
- An oil rig worker caught converting powder fentanyl into counterfeit oxycodone pills using a pill press
- A student making THC wax with butane in a rented condo
Even if a substance hasn’t yet been fully processed, the presence of tools and raw materials can be enough to justify a manufacturing charge.
Manufacturing vs. Possession With Intent to Distribute
While both are felony-level offenses, manufacturing is treated more seriously than simple possession or possession with intent to distribute. Why?
Because the law assumes that manufacturers are not only supplying illegal substances—but increasing the overall volume of those drugs in circulation. It’s viewed as a proactive criminal enterprise, rather than a one-time transaction.
In some cases, a person could be charged with both crimes: for example, if they’re caught mid-production with packaged drugs ready for sale.
For a deeper comparison between these types of charges, check out Possession with Intent to Distribute in Texas.
Penalties for Drug Manufacturing in Texas
The penalties for manufacturing depend on the type of drug and the quantity produced or intended to be produced. Here’s a breakdown based on Texas Penalty Groups:
Penalty Group 1 (Meth, Cocaine, Heroin, Fentanyl):
- Less than 1 gram: State jail felony (6 months – 2 years in jail)
- 1 to 4 grams: Second-degree felony (2 – 20 years in prison)
- 4 to 200 grams: First-degree felony (5 – 99 years or life)
- Over 400 grams: Enhanced felony (10 – 99 years or life, up to $100,000 fine)
Penalty Group 1-B (Fentanyl derivatives):
- Penalties escalate faster, with 1 gram or more qualifying as a first-degree felony
Penalty Group 2 (Ecstasy, PCP):
- Less than 1 gram: State jail felony
- 1 to 4 grams: Second-degree felony
- 4 to 400 grams: First-degree felony
- Over 400 grams: Enhanced felony (up to $50,000 fine)
Penalty Group 3 & 4 (Xanax, codeine, steroids):
- Penalties range from third-degree felonies to first-degree felonies, depending on quantity
Marijuana Manufacturing (Cultivation):
- Up to 5 lbs: State jail felony
- 5 to 50 lbs: Third-degree felony
- 50 to 2,000 lbs: Second-degree felony
- Over 2,000 lbs: First-degree felony (up to 99 years and $50,000 fine)
Keep in mind: manufacturing charges can also be enhanced if the activity took place near a school, involved minors, or involved other aggravating circumstances.
Defenses to Drug Manufacturing Charges
These are complex, high-stakes cases—but that doesn’t mean they’re unwinnable. A skilled criminal defense attorney near you can challenge the state’s assumptions and raise key defenses, including:
- Illegal search and seizure (Fourth Amendment violation)
- Lack of intent to manufacture (chemicals or equipment were for legal purposes)
- Insufficient evidence of actual production
- Constructive possession issues (you didn’t own or control the space)
- Third-party liability (you were renting the property, unaware of its use)
For example, if you were simply in a house where someone else was operating a grow room, the prosecution must prove that you had knowledge and control—not just proximity.
What to Do If You’re Accused of Manufacturing
If you’re being investigated for drug manufacturing in Houston or surrounding counties, time is critical. Police often spend weeks or months building these cases—sometimes using surveillance, confidential informants, or undercover buys.
Here’s what to do:
- Don’t talk to police. They’re not “just asking questions”—they’re gathering evidence.
- Don’t consent to searches. Even if you think you have nothing to hide.
- Call a criminal defense attorney immediately.
- Avoid posting anything on social media about your case, your property, or your arrest.
Even being charged can trigger asset forfeiture, job loss, and the loss of custody or housing. But early legal intervention can dramatically change the course of your case.
Call to Action
If you’ve been arrested or believe you’re under investigation for drug manufacturing in the Houston area, you need an aggressive and experienced criminal defense attorney on your side.
