Manufacture and Delivery of a Controlled Substance

If you are arrested in possession of a large quantity of marijuana, controlled substances or dangerous drugs in Texas, you face serious penalties. The type of penalty varies based upon the drug type, the schedule group of the controlled substance, and the drug’s weight.

Drug crimes lawyer in Texas. Call (281) 853-8537.

Penalties also apply to those who are suspected of manufacturing or dealing such drugs. Below are more details on the range of penalties for various types of drugs. All penalties may be enhanced if you are an habitual offender, or the alleged crime occurs in the area of a child.

Manufacture or Delivery of Marijuana:

• 1/4 oz or less and the defendant did not receive payment for the marijuana: Misdemeanor B
• 1/4 oz or less and the defendant did receive payment for the marijuana: Misdemeanor A
• 5 pounds- more than 1/4 oz: State Jail felony
• 50 pounds- more than 5 pounds: 2nd Degree Felony
• 2,000 pounds- more than 50 pounds: 1st Degree Felony
• more than 2,000 pounds: 10 years  – life in prison and a fine not to exceed $100,000

Manufacture or Delivery of Controlled Substance: 
Penalty Group 1.

• Less than 1 gram: State Jail Felony
• 1 gram – less than 4 grams: 2nd Degree Felony
• 4 grams – less than 400 grams: 1st Degree Felony
• 400 grams or more: 15 years  – life in prison and a fine not to exceed $250,000

Penalty Group 1-A.

• Fewer than 20 units: State Jail Felony
• 20 units – less than 80 units: 2nd Degree Felony
• 80 units – less than 4,000 units: 1st Degree Felony
• 4,000 units or more: 15 years  – life in prison and a fine not to exceed $250,000

Penalty Group 2and 2-A.

• Less than 1 gram: State Jail Felony
• 1 gram – less than 4 grams: 2nd Degree Felony
• 4 grams – less than 400 grams: 1st Degree Felony
• 400 grams or more: 10 years  – life in prison and a fine not to exceed $100,000

Penalty Group 3 and 4.

• Less than 28 grams: State Jail Felony
• 28 grams – less than 200 grams: 2nd Degree Felony
• 200 grams – less than 400 grams: 1st Degree Felony
• 400 grams or more: 15 years  – life in prison and a fine not to exceed $100,000

Manufacture or Delivery of Dangerous Drug:

• Delivery: State Jail Felony
• Manufacturing: State Jail Felony
• Forging or Altering a Prescription: Class B Misdemeanor, unless defendant was previously convicted of same, then it is a Class A Misdemeanor

Will My Driver’s License Be Suspended?

Unfortunately, many defendants do not know that if they are convicted of a drug crime in Texas, their driver license will be suspended. What if you were not driving when the alleged offense occurred? Your license still will be suspended if you are convicted. If the drug case is dismissed or you do not get deferred adjudication probation, you may lose your license for six months if you are 21+. If you are less than 21, you could have to surrender your license for a year. Note that being convicted for any of these offenses results in the suspension of your driver license:

• Possession of marijuana
• Possession of drug paraphernalia
• Possession of a controlled substance
• Possession of a dangerous drug

Penalties for Drug and Controlled Substance Offenses in Texas

Those who are convicted of drug or controlled substance offenses face these penalties:

• Driver license is suspended for six months
• Person is required to complete a 15-hour class in an approved Drug Education Program for every conviction. Online courses do not qualify.

If you did not have a driver license at the time of the offense, you cannot be issued a license for six months. This 180 days or six months for the denial of issuance is also called an Order of Prohibition. The period begins when you contact the Texas Department of Public Safety or DPS, and complete the necessary form. This form may not be obtained online. You must travel to a DPS office in your area to pick one up.

Before a driver license is renewed or issued, you must:

• Pay the fee for reinstatement
• Obtain an SR-22 or Financial Responsibility Insurance Certificate from an insurance company. Next, submit it to DPS. Note that the SR-22 must be maintained for 24 months after your date of conviction
• Submit a certificate of completion for the drug education program required to DPS. To find the appropriate program, you can view a list of approved agencies here. Contact that agency and register for the program.