Manufacture or Delivery of Marijuana or a Controlled Substance

Texas law prohibits the manufacture or delivery of marijuana or a controlled substance in any amount within the state. The penalties for the manufacture or delivery of drugs, in any amount, are much more severe than mere possession.

Legal Definitions of Delivery and Manufacture

Under the Texas Controlled Substances Act, Section 481.002 defines what it means to deliver or manufacture marijuana or a controlled substance. The law defines “delivery” as “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. In addition, “delivery” or “drug transaction” means the act of delivering.

The same section also defines the term “manufacture” as “the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container.”

Penalties: Delivery of Marijuana

Texas Health and Safety Code, Section 481.120 defines the punishments for the delivery of marijuana. The penalties increase in severity depending on the amount delivered at the time of arrest.

• Class B Misdemeanor: ¼ ounce or less and does not receive payment
  · Fine: Up to $2,000
  · Jail term: Up to 180 days
• Class A Misdemeanor: ¼ ounce or less receives payment
  · Fine: Up to $4,000
  · Jail term: Up to one year
• State jail felony: Between ¼ ounce and five pounds
  · Fine: Up to $10,000
  · Prison sentence: Between 180 days and two years
• Felony of the 2nd degree: Between five and fifty pounds
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st degree: Between fifty and 2,000 pounds
  · Fine: Up to $10,000
  · Prison sentence: Between five and 99 years
• Enhanced Felony of the 1st degree: More than 2,000 pounds
  · Fine: Up to $100,000
  · Prison sentence: Between ten and 99 years

Penalties: Manufacture or Delivery of a Controlled Substance

The Texas Health and Safety Code, Sections 481.112 through 481.114, dictate the penalties involved with the manufacture or delivery of a controlled substance. The penalty groups involved are the same as for the possession of a controlled substance, with four main groups and two sub-groups.

Penalty Group 1: Cocaine, heroin, methamphetamine, ketamine,

• State jail felony: Less than one gram
  · Fine: Up to $10,000
  · Prison sentence: Between 180 days and two years in prison
• Felony of the 2nd Degree: Between one and four grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st Degree: Between four and 200 grams
  · Fine: Up to $10,000
  · Prison sentence: Between five and 99 years
• Enhanced Felony of the 1st Degree: Between 200 and 400 grams
  · Fine: Up to $100,000
  · Prison sentence: Between ten and 99 years
• Enhanced Felony of the 1st Degree: 400 grams or more
  · Fine: Up to $250,000
  · Prison sentence: Between fifteen and 99 years in prison

Penalty Group 1-A: Lysergic acid and LSD

• State jail felony: Fewer than 20 units
  · Fine: Up to $10,000
  · Prison sentence: Between 180 days and two years
• Felony of the 2nd Degree: Between twenty and eighty units
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st Degree: Between eighty and 4,000 units
  · Fine: Up to $10,000
  · Prison sentence: Between five and 99 years
• Enhanced Felony of the 1st Degree: 4,000 or more units
  · Fine: Up to $250,000
  · Prison sentence: Between fifteen and 99 years

Penalty Group 2: Ecstasy, Mushrooms and Psilocybin

• State jail felony: Less than one gram
  · Fine: Up to $10,000
  · Prison sentence: Between 180 days and two years in prison
• Felony of the 2nd Degree: Between one and four grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st Degree: Between four and 400 grams
  · Fine: Up to $10,000
  · Prison sentence: Between five and 99 years
• Enhanced Felony of the 1st Degree: 400 grams or more
  · Fine: Up to $100,000
  · Prison sentence: Between ten and 99 years

Penalty Group 3: Valium, Xanax, Lorazepam, Ritalin

• Class A Misdemeanor: Less than 28 grams
  · Fine: Up to $4,000
  · Jail sentence: Up to one year
• Felony of the 2nd Degree: Between 28 and 200 grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st Degree: Between 200 and 400 grams
  · Fine: Up to $10,000
  · Prison sentence: Between five and 99 years
• Enhanced Felony of the 1st Degree: 400 grams or more
  · Fine: Up to $100,000
  · Prison sentence: Between ten and 99 years

Penalty Group 4: Compounds with small amounts of codeine, opium, or motofen

• Class A Misdemeanor: Less than 28 grams
  · Fine: Up to $4,000
  · Jail sentence: Up to one year
• Felony of the 2nd Degree: Between 28 and 200 grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st Degree: Between 200 and 400 grams
  · Fine: Up to $10,000
  · Prison sentence: Between five and 99 years
• Enhanced Felony of the 1st Degree: 400 grams or more
  · Fine: Up to $100,000
  · Prison sentence: Between ten and 99 years