Defenses Against Charges of Cultivating or Producing Illegal Drugs

Fighting Against Criminal Charges

If you face the charge of cultivating or producing illegal drugs in Texas, you should take the charge seriously by speaking with a Texas licensed criminal defense lawyer. Highly rated criminal defense attorney Adam Capetillo will conduct a detailed investigation into your case to determine whether there is enough evidence to present a compelling defense. Fortunately, there are several possible defenses to use for exonerating clients charged with cultivating or producing illegal drugs

Overview of Texas Law

The statutes covering the cultivation and production of illegal drugs is defined by the Texas Controlled Substances Act, as well as the Texas Health and Safety Code. Texas law defines a cultivated substance as a drug that is grown organically, while production refers to an artificial manufacturing process. For example, Cannabis is cultivated, while methamphetamine is produced.

Here are the most common types of cultivated and manufactured illegal drugs in Texas:

• Cocaine
• Steroids
• Heroin
• Marijuana
• Psychedelic mushrooms
• Methamphetamine

Punishment for Illegal Drug Violations in Texas

Texas has established some of the harshest penalties in the United States for violating state drug laws. The factors involved in determining the level of punishment for someone convicted of an illegal drug charge include quantity, type of drug, and how the drug was cultivated or produced.

Four penalty classes define the punishment for violating Texas’ illegal drug laws. As the least restrictive penalty, a state jail felony triggers a sentence of up to two years in prison and/or a fine that cannot exceed $10,000. The harshest penalty for the cultivation or production of illegal drugs is when a defendant faces up to a life sentence in jail and/or a fine not to exceed $250,000.

Defending Clients against Illegal Drug Charges

Like every other type of criminal charge, prosecutors must prove “beyond a reasonable doubt” the guilt of a defendant charged with cultivating or producing illegal drugs. Experienced criminal defense lawyer Adam Capetillo can plant the seeds of reasonable doubt by pointing to the lack of evidence, as well and questioning the truthfulness of the testimony delivered by witnesses for the prosecution team.

Here are some other defenses against charges of cultivating and producing illegal drugs:

Not Enough Quantity

The State of Texas has established minimum quantity requirements for the cultivation and production of illegal drugs. If a case does not meet the minimum quantity standards imposed by the state, we will ask for the court to dismiss all charges.

Pharmaceutical Purposes

If the alleged illegal drug has been approved for investigative use by the Food, Drug, and Cosmetic Act, then we can use this defense for some clients that face the charge cultivating or producing illegal drugs. State law also permits approved applicants to use medical marijuana. Prescribed drugs that are cultivated for medical use are also considered legal under Texas law.

Lack of Intent

Lack of intent is a powerful defense, if Adam Capetillo can demonstrate the illegal drugs in question were not meant for delivery or meant for human consumption. Another lack of intent defense involves proving a defendant had no knowledge that an illegal drug was cultivated or produced for sale.

Illegal Search and Seizure

One of the most important pieces of evidence in an illegal drug case is to submit the alleged illegal drugs as evidence during the criminal trial proceeding. However, if the law enforcement agency working the case conducted an unconstitutional search and illegally seized the drugs in question, then we can ask the judge presiding over the case to throw the case out of court. Law enforcement agencies are responsible for obtaining legally valid search warrants, before entering private property.

Not Mirandized

According to the 5th Amendment to the United States Constitution, law enforcement personnel must read the constitutional rights granted to people charged with a crime. You have the right to remain silent, as well as the right to an attorney. You also do not have to incriminate yourself. Any violation of these constitutional guarantees should be legal grounds to have an illegal drug case dismissed.

The severity of the charge of cultivating and producing illegal drugs means you need to work with a highly effective criminal defense attorney who can successfully defend you against all charges. Simply put, defending yourself or working with a public defender is not good enough. Get the legal expertise you deserve by scheduling a free initial consultation with Texas criminal defense lawyer Adam Capetillo. You reach us by calling our office at (346) 249-5544 or by submitting the online contact form.