Possession of Drugs with the Intent to Manufacture or Deliver Laws in Texas

by Vonnie Clay Dones III on Nov. 17, 2021

Criminal Criminal  Felony Criminal  Misdemeanor 

Summary: Possession of Drugs with the Intent to Manufacture or Deliver Laws in Texas

What are the drug selling or dealing laws in Texas?

  • Manufacturing or delivery of Penalty Group 1 Substances (481.112)
  • Manufacturing or delivery of Group 1-A Substances 481.1121)
  • Manufacturing or delivery of Group 1-B Substances (481.1123)
  • Manufacturing or delivery of Group 2 or 2-A Substances (481.113)
  • Manufacturing or delivery of Group 3 or 4 Substances (481.114)
  • Delivery of Marihuana (Marijuana) (481.120)
  • Possession of Drug Paraphernalia (481.125)

The range of punishment for possession with intent to deliver a controlled substance in Penalty ranges in Penalty Group 1 ranges from a state jail felony to an enhanced first-degree felony. The penalties vary by the weight of the drugs found.

b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d)  An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.

(e)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(f)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

The range of punishment for possession with intent to deliver a controlled substance in Penalty in Penalty Group 1-A ranges from a state jail felony to an enhanced first-degree felony. The penalties vary by the weight of the drugs found.

(b)  An offense under this section is:

(1)  a state jail felony if the number of abuse units of the controlled substance is fewer than 20;

(2)  a felony of the second degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80;

(3)  a felony of the first degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000; and

(4)  punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 4,000 or more.

The range of punishment for possession with intent to deliver a controlled substance in Penalty Group 1-B ranges from a state jail felony to an enhanced first-degree felony. The penalties vary by the weight of the drugs found.

(b)  An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $20,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.

(e)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $200,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(f)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 20 years, and a fine not to exceed $500,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

Manufacturing, delivery, or possession with the intent to deliver other Miscellaneous Drugs “listed in a schedule by an action of the commissioner but not listed in a penalty group” is a Class A Misdemeanor.

(1)  a state jail felony, if the person has been previously convicted of an offense under this subsection; or

(2)  a felony of the third degree, if the person has been previously convicted two or more times of an offense under this subsection.

The range of punishment for possession with intent to deliver marihuana (marijuana) ranges from a class B misdemeanor to an enhanced first-degree felony. The penalties vary by the weight of the drugs found.

b) An offense under Subsection (a) is:

(1)  a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;

(2)  a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;

(3)  a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce;

(4)  a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;

(5)  a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and

(6)  punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.

The range of punishment for possession or delivery of paraphernalia ranges from a class C misdemeanor to a state jail felony.  

(b)  A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

(c)  A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor.

(d)  An offense under Subsection (a) is a Class C misdemeanor.

(e)  An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days.

(f)  An offense under Subsection (c) is a state jail felony.

 

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