Manufacturing of a Controlled Substance Defense 

When someone is charged with manufacturing a controlled substance in Montgomery County, Texas, they are in serious legal trouble. These charges essentially mean that an individual knowingly produced, synthesized, or processed illegal drugs or converted legal substances into illegal drugs. Understandably, prosecutors look at manufacturing cases as some of the most serious drug offenses because they imply active involvement in the drug supply chain.  

Anyone facing charges of manufacturing a controlled substance should seek the most experienced, skilled, and respected drug defense attorneys in that county.  In Montgomery County, smart people look no further than the “pitbull in the courtroom”, defense attorney Andrea M. Kolski.   With over 25+ years of criminal defense practice, Andrea has successfully represented clients facing the most serious drug crimes in both Montgomery County and throughout Texas. She and her team at Nonstopjustice have decades of experience handling controlled substance cases with unmatched skill and tenacity. Andrea’s deep knowledge of Texas drug laws, investigative techniques, and criminal procedure help her identify potential weaknesses in the prosecution’s case.  

A Look at Manufacturing of a Controlled Substance in Texas 

Under Texas law, the offense of manufacturing a controlled substance is defined by both action and intent. To prove manufacturing, the State must show that the defendant knowingly engaged in the production, preparation, processing, or compounding of a controlled substance. Texas Health and Safety Code § 481.002(26) defines “manufacture” to include the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin or by means of chemical synthesis. 

Manufacturing is related to, but distinct from, possession with intent to distribute. A person can be charged with manufacturing even if no distribution activity is alleged. For example, growing plants used to produce illegal drugs, such as marijuana or chemicals used to create methamphetamine, can be prosecuted as manufacturing. 

Because manufacturing involves active participation in producing illegal substances, the penalties are more severe than simple possession or possession with intent to distribute. The statute applies across a range of controlled substances, including but not limited to methamphetamine, cocaine, heroin, ecstasy, and synthetic drugs. 

Texas Statutes Relevant to Manufacturing Charges 

Texas statutes classify drug offenses by the type of controlled substance involved and the amount or circumstances of the offense. Texas Health and Safety Code § 481.112 is most often used to prosecute manufacturing of Penalty Group 1 substances such as methamphetamine and heroin. The statute criminalizes the manufacture or delivery of controlled substances within that group. 

Other sections address manufacturing of substances in Penalty Groups 1A, 2, 3, and 4, each with its own punishment range. For example, Texas Health and Safety Code § 481.113 governs delivery of Penalty Group 2 substances, and § 481.114 applies to Penalty Group 3 and 4 substances. 

Manufacturing of any controlled substance with the intent to deliver is a felony offense, but the punishment range increases dramatically with certain drug types and quantities. Prior convictions, involvement of chemical precursors, and allegations of distribution can further elevate the penalties. 

How Manufacturing Cases Are Investigated 

Manufacturing investigations often arise from various sources including undercover operations, informant tips, search warrants, passing traffic enforcement activity, or routine police patrols. In rural and suburban areas of Montgomery County, law enforcement frequently uses community tips to justify longer investigations that culminate in search warrants. 

These investigations often involve complex surveillance techniques, controlled buys, wiretaps, laboratory analysis of seized materials, and collaboration between multiple law enforcement agencies. Because of the complexity, mistakes are common. Warrants may lack valid probable cause. Searches may exceed the scope authorized by a warrant. Evidence may be mishandled or improperly tested. 

Defense attorneys skilled in drug manufacturing cases know how to examine every step of the investigation to determine whether law enforcement followed constitutional requirements. Identifying errors early in the process can make a critical difference in outcomes, often leading to the suppression of key evidence or sometimes dismissal of charges. 

Potential Punishments for Manufacturing Controlled Substances 

The penalties for manufacturing controlled substances in Texas are severe and vary based on the type of substance and the alleged quantity. Manufacturing charges involving Penalty Group 1 substances such as methamphetamine or heroin carry some of the harshest punishments under Texas law. 

For manufacturing a Penalty Group 1 substance, a first degree felony is typically the applicable charge. First degree felonies under Texas law carry a range of five to ninety nine years or life in prison and fines up to $250,000. The presence of large quantities, enhancement allegations, or prior felony convictions can increase exposure and reduce the availability of probation or alternatives to incarceration. 

Manufacturing lesser penalty group substances still carries significant consequences, including multiple years in prison, substantial fines, and long term supervision after release. The possibility of consecutive sentences or federal enhancements exists when federal agencies become involved due to interstate elements or quantity thresholds. 

Collateral Consequences of a Manufacturing Conviction 

A conviction for manufacturing a controlled substance affects far more than the immediate sentence imposed by a court. The long term impacts can be profound and permanent. 

Employment prospects often vanish after a manufacturing conviction. Many professions require background checks, and a serious felony drug conviction can disqualify individuals from careers in education, healthcare, transportation, government, and other fields that require licensing or security clearance. 

Employers frequently refuse to hire individuals with significant drug convictions. Even well qualified applicants struggle to find stable employment due to the stigma attached to manufacturing charges. 

Housing and financial stability are commonly affected as well. Landlords may reject applicants with felony records, and securing loans or qualifying for housing assistance becomes more difficult. Financial hardship can be exacerbated by fines, court costs, and legal fees incurred during the defense process. 

Family life is often disrupted by lengthy incarceration or strict supervision conditions. Custody issues, child support complications, and strained relationships are frequent consequences of serious drug convictions. The stress of a conviction also takes an emotional toll on individuals and their loved ones, affecting mental and physical health. 

Legal Defenses in Manufacturing Cases 

Defending a manufacturing of a controlled substance case requires meticulous analysis of the evidence, investigation methods, and the legal interpretation of the circumstances. Strong defenses often focus on whether the prosecution can prove each element of the offense beyond a reasonable doubt. 

A skilled defense attorney may pursue strategies such as challenging the legality of police conduct, including the validity of search warrants and the scope of searches. If law enforcement violated constitutional protections, critical evidence could be suppressed. 

Other strategies may question whether the defendant had actual knowledge of the manufacturing activity. The term “manufacturing” often assumes that a person knowingly participated in the illegal production of controlled substances. Challenging those assumptions could be used in an effective defense argument. 

Forensic evidence and lab testing must meet rigorous standards. Errors in chemical analysis, chain of custody breaches, or laboratory contamination can undermine the state’s case. 

In some cases, a savvy drug defense attorney may reveal weaknesses in the State’s case before trial and negotiate alternative resolutions more beneficial to the defendant. Alternative sentencing, diversion programs, or reduced charges are more likely when a skilled defense attorney gets involved early and opens the lines of communication with prosectors. 

Reputation and Experience on Your Side  

Manufacturing of a controlled substance cases require defense counsel with deep experience, legal insight, and courtroom skill. Prosecutors handle these cases aggressively, often with seemingly unlimited resources and coordination across state and federal agencies.  

Most defense attorneys are terrified to take on these types of challenging cases.  It takes a special breed of defense attorney with the skill, experience, and readiness to do battle.  In Montgomery County, that defense attorney is Andrea Kolski.  

Why Andrea Kolski is the Respected Choice 

Montomery County attorney Andrea M. Kolski has been doing battle in Texas courts for over two decades.  Clients and fellow attorneys respect Andrea’s unique blend of experience, legal knowledge, and trial tested skill. She has devoted her 25+ years of legal practice to criminal defense, successfully defending a wide range of felony drug cases, including those involving complex drug manufacturing allegations. 

Andrea’s stellar reputation didn’t come easy. Unlike most defense attorneys, Andrea distinguished herself as a Harris County prosecutor before turning her talents to defending the accused. As a former prosecutor herself, Andrea has unique insight into the mindset of prosecutors, the pressures they endure, and the methods used to build their cases.  This perspective allows her to anticipate prosecution strategies, find potential weaknesses, and collaborate with prosecutors for more favorable outcomes. 

As president of the Montgomery County Criminal Defense Lawyers Association, Andrea has the respect of her peers in the legal community and is often sought out for her legal knowledge and skill as a litigator.  Because of that, Andrea is regularly hired by fellow attorneys seeking the very best legal representation.   

Andrea and the team at Nonstopjustice don’t just practice in Montgomery County, they live there and call it home. Andrea’s close ties with the legal community benefits her clients by navigating local court procedures, judicial preferences, and insight into prosecutorial tendencies. This local insight, combined with her extensive experience, makes Andrea a top choice for defending complex manufacturing cases. 

Defending Your Rights and Your Future 

If you’re accused of manufacturing a controlled substance in Montgomery County, everything is on the line. Andrea Kolski and her team at NonstopJustice understand the high stakes and approach every case with urgency, strategic focus, and a commitment to winning. From start to finish, nobody works harder to challenge the prosecution, preserve your constitutional rights, and fight for the best possible outcome. 

If you or a loved one is facing manufacturing of a controlled substance charges, there’s no time to waste. The choices you make early on can have a huge impact on how your case proceeds and the possible outcomes. 

Don’t let the anxiety and stress of the legal process overwhelm you and your family. Contact the office of Andrea Kolski at Nonstopjustice and let us help you take back control of your future.