Understanding Manufacturing and Delivery of Controlled Substances in Texas
Manufacturing and delivery of controlled substances are serious offenses in Texas, governed by specific sections of the Health & Safety Code. The offense is sometimes referred to as Man/Del. This article explains the key definitions, penalties, and considerations related to these charges.
What is Manufacturing?
Under Texas Health & Safety Code § 481.002(25), “manufacture” encompasses the production, preparation, propagation, compounding, conversion, or processing of controlled substances (excluding marijuana). This can occur through:
- Extraction from natural substances
- Chemical synthesis
- A combination of extraction and chemical synthesis
- Packaging, repackaging, labeling, or relabeling containers
Important exceptions exist for licensed practitioners who handle controlled substances as part of their professional duties, including:
- Medical professionals administering or dispensing substances in their practice
- Researchers or teachers conducting authorized studies or analyses
What is Delivery?
According to Texas Health & Safety Code § 481.002(8), “delivery” means transferring a controlled substance, counterfeit substance, or drug paraphernalia to another person. This includes:
- Actual transfer (physically handing over the substance)
- Constructive transfer (arranging or controlling the transfer through others)
- Offering to sell, even if no transaction occurs
Understanding the Penalty Groups in Texas for Manufacturing and Delivery
Penalty Group 1 (§ 481.112)
- Covers highly addictive substances like cocaine, heroin, and methamphetamine
- Penalties range from state jail felony to first-degree felony
- Quantity determines severity of punishment, potentially including life imprisonment
Penalty Group 1-A (§ 481.1121)
- Primarily covers LSD and its variants
- Punishment based on number of “abuse units”
- Ranges from state jail to first-degree felony
Penalty Group 1-B (§ 481.1122)
- Focuses on potent opioids, including certain fentanyl forms
- Tiered punishments based on weight
- Aggressive prosecution due to opioid crisis concerns
Penalty Group 1-C (§ 481.1123)
- Covers emerging synthetic drugs
- Felony scale punishment based on quantity
- Additional factors may increase charges
Penalty Groups 2 & 2-A (§ 481.113)
- Group 2: MDMA (ecstasy) and certain hallucinogens
- Group 2-A: Synthetic cannabinoids
- Penalties from state jail to first-degree felony
Penalty Groups 3 & 4 (§ 481.114)
- Group 3: Prescription drugs with high abuse potential
- Group 4: Lower-risk regulated compounds
- Generally lighter penalties but still significant
Common Scenarios as Examples
- Methamphetamine Production
- Operating a lab falls under § 481.112
- Classified as manufacturing of Penalty Group 1 substance
- Cocaine Distribution
- Selling or offering to sell charged under § 481.112
- Actual transfer not required for delivery charge
- Ecstasy Sales
- Falls under § 481.113 as Penalty Group 2
- Manufacturing or delivery charges apply
- Prescription Medication Sharing
- Even giving away prescribed medications can constitute delivery
- Charges under § 481.114 for Groups 3 or 4 substances
7 Defense Tips for Manufacturing or Delivery of a Controlled Substance in Texas
1. Understanding Manufacturing and Delivery Charges
In short, this is an allegation that a person is a drug dealer. This is more than just mere possession. Possession is the care, custody, control and management of the substance.
2. Be Wary of Police Promises in Manufacture Delivery Controlled Substance Cases
It is not uncommon for police officers to say they will let you “work off a case.” In other words, they may ask you to perform some controlled buys. They may make promises that they won’t file a case against you or they will recommend the prosecutor show you leniency. Here’s the problem: First, the police have no authority to promise a particular outcome on a case in Tarrant County. Second, police are allowed to lie to you. You should absolutely never enter into an agreement to work for the police that was not negotiated in writing by your attorney.
3. Manufacturing and Delivery Charges are Often Circumstantial Cases
For example, if you are arrested and the police find a scale, large amounts of money, a large quantity of drugs, drugs separated into different age or packages, or concealed in smell proof bags. Putting together a stronger case – made up of undercover drug buys is much more difficult.
4. Multiple Theories of Manufacturing and Delivery Prosecution:
There are at least five ways prosecutors could allege you for manufacturing or delivery of a controlled substance. You can be charged for 1) manufacturing 2) offering to sell, 3) possessing with the intent to distribute 4) transferring drugs to another person, or 5) constructively transferring drugs to another person.
5. Double Jeopardy in Manufacturing and Delivery Cases
Many prosecutors don’t know this one, but it is a violation of double jeopardy prohibitions to charge someone with more than one of the above-listed ways to prosecute for the same drugs.
6. Concurrent State and Federal Jurisdiction
Unfortunately, the filing of a state case or cases does not mean the feds won’t pick up the case. You can be prosecuted at the state and federal level concurrently. We have had several clients contact us after their state cases got picked up by federal prosecutors. All the major police departments in the area have officers who are part of joint task forces – meaning they work for both the city and a federal agency.
7. Deferred Adjudication Might Be Great, But it Can be Not So Great:
Deferred adjudication may seem like an attractive offer on drug cases, but beware of signing up for deferred if you cannot make a five to ten years of deferred work. While there is early release for many offenses, understand deferred offers a pathway to avoid a conviction but it is not without its downsides. First and foremost for a drug case, you have to ask yourself if you can not only stay clean for the required period of time but also avoid people of “disreputable character” for so long. Moreover, being of deferred could jeopardize your ability to find a job, apply for state benefits, and if you’re not a citizen deal with issues with deportation and naturalization.
Aggravating Factors
The Texas criminal justice system considers several key circumstances that can significantly enhance the punishment for manufacturing and delivery offenses. Drug-free zones represent one of the most common aggravating factors – when an offense occurs near schools, playgrounds, or designated public areas, prosecutors can pursue substantially enhanced penalties to protect vulnerable populations.
The presence of these aggravating circumstances can dramatically impact sentencing:
- Prior drug-related convictions on a defendant’s record automatically escalate the felony classification level, reflecting the legislature’s intent to punish repeat offenders more severely than first-time offenders.
- Possession of firearms during the commission of a drug offense triggers mandatory sentence enhancements, as the presence of weapons is viewed as creating heightened danger to the community.
- Cases resulting in serious bodily injury or death can lead to additional charges beyond the underlying drug offense, potentially including charges like felony murder in overdose cases.
These factors often work in combination – for example, a repeat offender caught with both drugs and a firearm in a school zone would face multiple separate enhancements. Prosecutors frequently use these aggravating factors as leverage in plea negotiations, even when they may not ultimately pursue the enhanced charges at trial.
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.
Manufacture Delivery of a Controlled Substance Penalty Group 1
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 1 gram | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 1-4 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 4-200 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| 200-400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
| Over 400 grams | First Degree | 15-99 years or life in Prison | Fine up to $250,000 |
Manufacture Delivery of a Controlled Substance Penalty Group 1-A
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Less than 20 units | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 20-79 units | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 80-3,999 units | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| 4,000 units or more | First Degree | 15-99 years or life in Prison | Fine up to $250,000 |
Manufacture Delivery of a Controlled Substance Penalty Group 1-B
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 1 Gram | Third Degree | Â 2-20 years in Prison | Fine up to $10,000 |
| 1-4 Grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 4-200 Grams | First Degree | 10 -99 years or life in Prison | Fine up to $20,000 |
| 200-400 Grams | First Degree | 15-99 years or life in Prison | Fine up to $200,000 |
| over 400 Grams | First Degree | 20-99 years or life in Prison | Fine up to $500,000 |
Manufacture Delivery of a Controlled Substance Penalty Group 2
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 1 gram | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 1-4 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 4-400 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| Over 400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
Manufacture Delivery of a Controlled Substance Penalty Group 2A
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 1 gram | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 1-4 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 4-400 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| Over 400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
Manufacture Delivery of a Controlled Substance Penalty Group 3
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 28 grams | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 28 grams to 200 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 200-400 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| Over 400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
Manufacture Delivery of a Controlled Substance Penalty Group 4
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 28 grams | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 28 grams to 200 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 200-400 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| Over 400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
Manufacture Delivery of a Controlled Substance 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.
