June 20, 2024

A criminal charge of manufacturing and delivery of substance is a serious allegation in the State of Texas. As you likely know, there are two types of drug charges: manufacture or delivery and illegal possession.

However, between the two categories, the former charge is more serious than simple possession for personal use. Penalties can go up to life in prison or a fine of up to $250,000, depending on the amount of drugs confiscated.

Given its severe penalties and financial implications, it’s crucial for anyone charged with drug manufacture and delivery to understand what they’re facing. Let’s walk you through everything you need to know and how to proceed from here.

Handcuffs Next To Sealed Drugs

Manufacture and Delivery of Controlled Substance Overview

Any form of drug dealing can constitute a “manufacture” and “delivery” of a controlled substance charge. These terms are defined in the Texas Health and Safety Code, including their grounds, penalties, and fines.

What Defines a Controlled Substance?

A controlled substance is generally a chemical drug strictly controlled by the government or state. These are substances, such as illegal drugs and prescriptions, regulated by law in terms of manufacture, distribution, possession, or use.

Drugs under the Controlled Substance Act (CSA) are classified into five schedules. The scheduling of a specific substance will depend on its medical use and potential for abuse or dependency. 

Some of the most commonly abused substances in the State of Texas are cocaine, marijuana, crystal methamphetamine, and opioids.

Doctor Checking Chemicals

What Defines Manufacturing?

The Health and Safety Code defines “manufacture” as the creation, processing, propagation, conversion, or compounding of a controlled substance. This can include chemical production, growing, harvesting, or processing raw materials used in making controlled drugs.

That said, it’s not always clear when a person possessing drugs is manufacturing, selling, or simply using. As such, law enforcement will have to look for drug paraphernalia indicating manufacturing, such as containers, weighing scales, or other circumstantial evidence.

It’s worth noting that manufacturing can be different from drug trafficking, which specifically refers to the systematic sale or distribution of illegal drugs in huge quantities. While often used interchangeably, these two offenses carry different legal consequences.

What Defines Delivery?

What about delivery? How is it different from manufacturing?

“Delivery,” according to Texas law, is the act of transferring drug possession from one person to another. This transfer can be through, but not limited to, selling.

There are two criminal classifications for the delivery of drugs: actual and constructive. Actual delivery happens when the individual physically hands over illicit substances to someone else. Giving out drugs, even without money involved, is actual delivery.

On the other hand, constructive delivery can happen without the individual physically handling the substance itself. An example of this is an owner transferring control or ownership of the drug over to another person without moving it.

Note that possession with intent to sell, even without a particular buyer in mind, belongs to “attempted” delivery. As far as Texas law is concerned, intending to do so is just as punishable as actually doing it.

Judges Hammer On A Book

Texas Penalties For Drug Manufacturing and Delivery

When charged with drug crimes, the punishment range can vary depending on the type and amount of substance involved. The extent of the penalties is separated into categories called penalty groups, outlining the weight, substance type, and potential sentence.

Penalty Group 1

Penalty group 1 covers drugs with little to no medical purpose or have a high risk of dependence or abuse. This classification includes methadone, heroin, oxycodone, morphine, fentanyl, cocaine, and opium. 

The following are the amount of illicit substances and the penalties they entail:

  • 1 gram or less – State jail felony
  • Between 1 and 4 grams – Second-degree felony
  • Between 4 and 200 grams – First-degree felony
  • Between 200 and 400 grams – Life in prison, 10 to 99 years, or a fine of up to $100,000
  • 400 grams and more – Life in prison, 10 to 99 years, or a fine of up to $250,000

Penalty Group 1A

Penalty group 1A involves illicit drugs called lysergic acid diethylamide (LSD). These substances have little to no medical use and are extremely addictive.

Here are the penalties for drug crimes with LSD:

  • Fewer than 20 units – State jail felony
  • Between 20 and 80 units – Second-degree felony
  • Between 80 and 2,000 units – First-degree felony, 5 to 99 years in prison
  • 4,000 units or more – Life imprisonment, 15 to 99 years, or a $250,000 fine

Penalty Group 1B

Penalty group 1B concerns fentanyl, a potent synthetic opioid analgesic, or any of its derivations. Below are the penalties for dealing with fentanyl.

  • 1 gram or less – State jail felony
  • Between 1 and 4 grams – Second-degree felony
  • Between 4 and 200 grams – 10 to 99 years imprisonment and up to $20,000 fine
  • Between 200 and 400 grams – 15 to 99 years in prison and up to $200,000 fine
  • 400 grams and above – Life or 20 to 99 years in prison and up to $500,000 fine

Penalty Group 2

Penalty group 2 includes illicit drugs considered less severe (but no less addictive) than those in penalty group 1. Examples of these substances include mushrooms, ecstasy, and Adderall.

The penalties for violating are the following:

  • 1 gram or less – State jail felony
  • Between 1 and 4 grams – Second-degree felony
  • Between 4 and 400 grams – First-degree felony
  • 400 grams or more – Life or 10 to 99 years in jail and a fine of $100,000

Penalty Group 3 & 4

Penalty groups 3 and 4 cover substances with mid-level abuse potential and, under certain circumstances, used for medical reasons. Most drugs in this category are anti-depressants.

  • 28 grams or less – State jail felony
  • Between 28 and 200 grams – Second-degree felony
  • Between 200 and 400 grams – First-degree felony
  • 400 grams or more – Life imprisonment, 10 to 99 years in jail, or a fine of up to $100,000

Penalty Group for Marijuana Delivery

While some states consider marijuana legal, Texas categorizes the psychoactive plant under Schedule 1 of the CSA. Manufacturing or delivering cannabis can result in penalties, including state jail felony, 10 to 99 years imprisonment, or up to $100,000 fine.

Final Thoughts: Trust Your Case to the Experts!

Facing a criminal offense uninformed and alone is a scary thing. Not to mention the severe penalties these offenses can incur. If you’re facing drug charges in Texas, don’t hesitate to contact Napier Law Firm for the best criminal defense attorneys you can have on your team!