MANUFACTURE DELIVERY SUBSTANCE IN TEXAS

An allegation of delivery or manufacture of controlled substance in Texas carries stiffer penalty ranges than allegations of possession of a controlled substance. These offenses are codified in Texas Health and Safety Code beginning at Section 481.112.

What is delivery manufacture controlled substance in Texas?

“Deliver” means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.

Delivery can be actual or constructive. An example of actual delivery is hand-to-hand delivery. Constructive delivery could be giving someone access to a storage unit that contains drugs.

What is possession with the intent to deliver in Texas?

Possession with the intent to deliver carries the same punishment range as manufacturing or actually delivering a controlled substance in Texas. Possession with the intent to deliver cases are often alleged that way based on circumstantial evidence such as how the drugs were packaged, the presence of notes or text messages that suggest a sale, or the presence of items like scales and baggies.

What are the Drug Penalty Groups in Texas?

Penalty Group 1, 1-A, 2, 2-A, 3, or 4

Common Examples from Each Penalty Group in Texas:

Penalty Group 1

Most Opiates and Opiate Derivatives
Cocaine
Crack
Heroine
Methamphetamine
Special K – Ketamine
Oxycontin (Oxycodone)
Vicodin (Hydrocodone)

Penalty Group 1-A

Acid – LSD

Penalty Group 2

Most Hallucinogens
MDMA, Molly, Ecstasy
Bath Salts (Many bath salts)
Adderall (Dextroamphetamine)
PCP
Mescaline (Peyote)
Mushrooms (Psilocybin)
Proposed legislation: Flakka (alpha-PVP)

Penalty Group 2-A

Synthetic Marijuana (Spice)

Penalty Group 3

Stimulants including
Valium
Xanax (Alprazolam)
Clonazepam
Diazepam
Hydrocodone <15mg/dose
Codeine <90mg/dose
Lorazepam
Zolpidem
Ritalin
Testosterone
HGH (Human Growth Hormone)

Penalty Group 4

Narcotics including
Opium
Morphine
Motofen
Dangerous Drugs

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1 PUNISHMENT RANGE

Drug AmountOffense LevelPunishment RangeFine Range
Under 1 gramState Jail180 days - 2 years State JailFine up to $10,000
1-4 gramsSecond Degree2-20 years in PrisonFine up to $10,000
4-200 gramsFirst Degree5-99 years or life in PrisonFine up to $10,000
200-400 gramsFirst Degree10-99 years or life in PrisonFine up to $100,000
Over 400 gramsFirst Degree15-99 years or life in PrisonFine up to $250,000

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1 A PUNISHMENT RANGE

Drug AmountOffense LevelPunishment RangeFine Range
Less than 20 unitsState Jail180 days - 2 years State JailFine up to $10,000
20-79 unitsSecond Degree2-20 years in PrisonFine up to $10,000
80-3,999 unitsFirst Degree5-99 years or life in PrisonFine up to $10,000
4,000 units or moreFirst Degree15-99 years or life in PrisonFine up to $250,000

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2 PUNISHMENT RANGE

Drug AmountOffense LevelPunishment RangeFine Range
Under 1 gramState Jail180 days - 2 years State JailFine up to $10,000
1-4 gramsSecond Degree2-20 years in PrisonFine up to $10,000
4-400 gramsFirst Degree5-99 years or life in PrisonFine up to $10,000
Over 400 gramsFirst Degree10-99 years or life in PrisonFine up to $100,000

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2 A PUNISHMENT RANGE

Drug AmountOffense LevelPunishment RangeFine Range
Under 1 gramState Jail180 days - 2 years State JailFine up to $10,000
1-4 gramsSecond Degree2-20 years in PrisonFine up to $10,000
4-400 gramsFirst Degree5-99 years or life in PrisonFine up to $10,000
Over 400 gramsFirst Degree10-99 years or life in PrisonFine up to $100,000

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 PUNISHMENT RANGE

Drug AmountOffense LevelPunishment RangeFine Range
Under 28 gramsState Jail180 days - 2 years State JailFine up to $10,000
28 grams to 200 gramsSecond Degree2-20 years in PrisonFine up to $10,000
200-400 gramsFirst Degree5-99 years or life in PrisonFine up to $10,000
Over 400 gramsFirst Degree10-99 years or life in PrisonFine up to $100,000

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 4 PUNISHMENT RANGE

Drug AmountOffense LevelPunishment RangeFine Range
Under 28 gramsState Jail180 days - 2 years State JailFine up to $10,000
28 grams to 200 gramsSecond Degree2-20 years in PrisonFine up to $10,000
200-400 gramsFirst Degree5-99 years or life in PrisonFine up to $10,000
Over 400 gramsFirst Degree10-99 years or life in PrisonFine up to $100,000

MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1: PRESENCE OF CHILD

The punishment ranges are further enhanced if it is shown that a child under the age of 18 was present at the time of the manufacture of a substance in Penalty Group 1.

If you or a loved one has been arrested for Manufacture Delivery of a Controlled Substance or Possession of a Controlled Substance with the Intent to Deliver, call us at (817) 203-2220 or contact us online: