Manufacture or Delivery of a Controlled Substance in Texas | Houston Drug Trafficking Attorney

Manufacture or delivery of a controlled substance is among the most serious drug charges in Texas — a felony in every penalty group that can reach up to life in prison and six-figure fines. "Delivery" is broad: it includes selling, transferring, or even offering to sell a drug, and it does not require that any money change hands.

These are high-stakes cases, and they are also frequently over-charged. As former prosecutors who handled drug dockets, Brian Foley and Luis Baez know how the State tries to turn a possession case into a delivery case — and how to push back.

What the Law Covers

Under Texas Health and Safety Code § 481.112 (Penalty Group 1), it is an offense to knowingly manufacture, deliver, or possess with intent to deliver a controlled substance. Parallel statutes cover the other penalty groups and marijuana. "Manufacture" includes producing, compounding, or packaging a drug; "delivery" includes an actual transfer, a constructive transfer, or an offer to sell.

Critically, the State frequently proves "intent to deliver" through circumstantial evidence — the quantity involved, packaging into multiple baggies, digital scales, large amounts of cash, or text messages. Each of those inferences can be challenged, and defeating the "delivery" element can drop the case to simple possession.

Penalty Range (Penalty Group 1)

Amount (aggregate weight)	Offense Level	Punishment
Less than 1 gram	State Jail Felony	180 days – 2 years state jail; up to $10,000 fine
1 to less than 4 grams	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
4 to less than 200 grams	First-Degree Felony	5 – 99 years or life; up to $10,000 fine
200 to less than 400 grams	Enhanced First-Degree Felony	10 – 99 years or life; up to $100,000 fine
400 grams or more	Enhanced First-Degree Felony	15 – 99 years or life; up to $250,000 fine

Penalty Groups 1-A, 2, 2-A, 3, 4, and marijuana are charged under their own delivery statutes with different tiers. Ask us how the range applies to your specific substance and weight.

Enhancements to watch for

A drug-free zone, using or employing a minor, delivery to a minor, or a prior felony record can each raise the minimum sentence and the fine. Federal authorities may also pursue the largest cases separately as federal drug charges.

How These Cases Are Defended

Defeating the delivery/intent element. When "intent to deliver" rests only on quantity or packaging, we attack those inferences to reduce the case to simple possession — or dismissal.
Illegal search and seizure. Manufacture/delivery cases often involve warrants, wiretaps, confidential informants, and controlled buys. Defective warrants, unreliable informants, and unlawful searches can all lead to suppression.
Confidential informants and controlled buys. We probe the informant's reliability, motives, and the integrity of any controlled purchase.
Weight, lab analysis, and chain of custody. The aggregate weight sets the felony level; we scrutinize how it was measured and tested.
Knowing possession and affirmative links. In a shared home or vehicle, the State must connect the drugs specifically to you.

Collateral Consequences

A manufacture or delivery conviction is a serious felony with lasting consequences — prison exposure, loss of firearm and voting rights, professional-license revocation, immigration consequences, and a permanent record that appears on every background check. The stakes make early, aggressive defense essential.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who know how the State builds trafficking cases from informants, warrants, and controlled buys. If you or a loved one has been charged with manufacture or delivery in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What does 'delivery' of a controlled substance mean in Texas?

Delivery means transferring, or offering to sell, a controlled substance to another person — it does not require money to change hands, and it can even include an offer to sell. 'Manufacture' covers producing a drug, including the chemical process and packaging. Both are charged under Texas Health and Safety Code § 481.112 for Penalty Group 1 substances, with parallel statutes for the other groups.

What is the punishment for delivery of a controlled substance in Texas?

For Penalty Group 1 (by aggregate weight): less than 1 gram is a state jail felony; 1 to less than 4 grams is a second-degree felony; 4 to less than 200 grams is a first-degree felony; 200 to less than 400 grams is punishable by 10 to 99 years or life and up to a $100,000 fine; and 400 grams or more is punishable by 15 to 99 years or life and up to a $250,000 fine. Other penalty groups and marijuana have their own ranges.

How is delivery different from simple possession?

Simple possession means having the drug for personal use. Delivery — or possession with intent to deliver — alleges that you sold, transferred, or intended to distribute it, and it carries dramatically higher penalties. The State often infers 'intent to deliver' from circumstantial evidence like quantity, packaging, scales, or cash, all of which can be challenged.

Can a manufacture or delivery charge be reduced to possession?

Yes, that is a central defense goal. When the State's proof of delivery or intent is weak — for example, when it rests only on quantity or packaging — we work to defeat the delivery allegation and reduce the case to simple possession, which carries far lower penalties, or to have it dismissed.

Do drug-free zones increase manufacture/delivery penalties?

Yes. Delivering or manufacturing in, on, or within 1,000 feet of a school, playground, or youth center — or using a minor in the offense — can significantly enhance the punishment range and minimum term. We investigate every such allegation closely.