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Certain items that laboratories use to manufacture controlled substances are regulated by the Texas Department of Public Safety. A person, corporation, or institution generally needs to obtain a permit to acquire or transfer a regulated chemical laboratory apparatus. However, if an individual is accused of a laboratory apparatus offense a drug lawyer in Lubbock must be contacted.
The Texas Controlled Substances Act defines a “chemical laboratory apparatus” as “any item of equipment designed, made, or adapted to manufacture a controlled substance.” That definition can be troublesome since laboratory equipment is generally designed to manufacture chemical compounds of any kind, not specifically controlled substances. A tableting machine that can be used to make tablets containing codeine can also be used to make vitamin tablets.
The definition specifically lists fourteen items. Among those are:
It is a crime in Texas to sell, transfer, or receive a chemical laboratory apparatus under any of the following circumstances:
It is a crime to sell or transfer a chemical laboratory apparatus with the knowledge or intent that it will be used to unlawfully manufacture a controlled substance. The crime is a third-degree felony, punishable by a prison sentence of not less than 2 years or more than 10 years.
For a first offense, the crime is a state jail felony. Punishable by a state jail sentence of not less than 180 days or more than 2 years. If the accused has previously been convicted of the same crime, the crime is a third-degree felony, punishable by a prison sentence of not less than two years or more than 10 years.
Any felony is a serious charge that can have a drastic impact on your life. If you are charged with a Lubbock laboratory apparatus offense. Contact the criminal defense attorneys at Texas Criminal Defense Group. Furthermore, to make sure your rights are protected and you receive the best defense possible.
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