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By Benson Varghese

Published on: August 21st, 2020 at 7:16 PM
Last Updated: August 25th, 2020 at 1:12 PM

Manufacture Delivery of a Controlled Substance

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.

7 Defense Tips for Manufacturing or Delivery of a Controlled Substance in Texas

manufacture and delivery of a controlled substance

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 Manufacturing/Delivery 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.

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 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 Delivery of a Controlled Substance Penalty Group 1A

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 Delivery of a Controlled Substance Penalty Group 2

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 Delivery of a Controlled Substance Penalty Group 2A

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 Delivery of a Controlled Substance Penalty Group 3

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 Delivery of a Controlled Substance Penalty Group 4

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 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.