Manufacture or Delivery of Drugs
Though the Texas legislature passed the Compassionate Use Act (SB 339) to allow medical marijuana possession for epileptic patients, the medical use laws are some of the most restrictive in America. The laws on the manufacture or delivery of drugs of any kind are tougher than many people expect.
Where you’d anticipate leniency with probation, you’ll find none. No state criminally prosecutes more of its citizens for marijuana than Texas. Marijuana arrests comprise over half of all annual arrests in Texas, which includes over 77,000 arrests for possession only.
In these cases, it’s best to have an experienced DFW drug charges lawyer working hard to clear your name. No-obligation consultations are free at Peveto Law in Plano, so you have everything to gain and nothing to lose by speaking to a professional.
What does it mean if I’m charged with manufacture or delivery of drugs?
It may surprise you to learn there is no criminal code law for “manufacture or delivery of drugs” in Texas. Still, you may be charged with a crime under Article 481 of the Texas Health and Safety Code. You may be charged with manufacture or delivery of controlled substance in:
- Penalty Group 1 – which includes methamphetamine, cocaine, heroin, and morphine
- Penalty Group 2 – which includes MDMA, Quaaludes, and hallucinogenic substances
- Penalty Group 3 – which includes prescriptions like Xanax, Ritalin, Klonopin, codeine, steroids, and more
- “Other Substances” Group – which includes marijuana
What factors increase penalties for drug charges in Texas?
There are many factors that can affect the penalties for manufacture or delivery of a controlled substance:
- Were you in a Drug Free Zone?
- Was a child involved in the crime or in the presence of the criminal activity?
- What was the weight of drugs manufactured or delivered?
- Have you been convicted of drug manufacture or delivery in the past?
In these cases, charges will be stacked on top of one another, increasing fines and possible jail time.
What is the punishment for the delivery or manufacturing of a controlled substance?
Whether you were making the drugs or attempting to sell them, the state jail felony may include serious penalties.
For Penalty Group 1:
- 180 days – 2 years in jail and fines of up to $10,000 for less than a gram
- Life or 5-99 years in jail and fines up to $10,000 (1-200 grams)
- Life or 10-99 years in jail and fines up to $10,000 (200-400 grams)
- Life or 10-99 years in jail and fines up to $100,000 (greater than 4oo grams)
For Penalty Group 2:
- 180 days – 2 years in jail and fines up to $10,000 for less than a gram
- 2-20 years in jail and fines up to $10,000 (1-4 grams)
- Life or 5-99 years in jail and fines up to $10,000 (4-400 grams)
- Life or 10-99 years in jail and fines up to $100,000 (greater than 400 grams)
For Penalty Group 3:
- 180 days – 2 years in jail and fines up to $10,000 for less than 28 grams
- 2-20 years in jail and fines up to $10,000 (28 – 200 grams)
- Life or 5-99 years in jail and fines up to $10,000 (200-400 grams)
- Life or 5-99 years in jail and fines up to $100,000 (greater than 400 grams)
- Up to 180 days in jail and fines up to $2,000 – Class B Misdemeanor (1/4 oz or less, without payment)
- Up to one year in jail and fines up to $4,000 – Class A Misdemeanor (1/4 oz or less, with payment)
- 180 days to 2 years in jail and fines up to $10,000 – State Jail Felony (1/4 oz to 5 lbs)
- 2 to 20 years in jail and fines up to $10,000 – Felony of the 2nd Degree (5 to 50 lbs)
- 5 to 99 years in jail and fines up to $10,000 – Felony of the 1st Degree (50 to 2,000 lbs)
- 10 to 99 years in jail and fines up to $100,000 – Enhanced Felony of the 1st Degree (more than 2,000 lbs)
There is a high chance of prison time for first-degree or enhanced first-degree felonies. Community supervision is a possibility for low drug weight cases, misdemeanors, or even state jail felonies in the second or third degrees. However, even in community service rulings, the judge may include a three to six months prison stint in the sentence. You may not qualify for eligibility for community service and parole if you have previous charges or child involvement. Rather, you can expect at least five years of additional time slapped onto your sentence. Worst of all, a conviction is on your record for life. It affects future employment, access to housing, relationships, travel Visas, and the ability to get a professional license.
What defenses may be used for manufacture or delivery of a controlled substance?
Andrew Peveto has successfully used a number of approaches to defend someone charged with manufacture or delivery of controlled substances, including:
- Challenging the state’s ID of the delivery person. (Was the person identified really you?)
- Challenging the credibility of informants (Did the person making the accusation have something to gain?)
- Challenging the rationale behind the search warrant affidavit (Were there grounds for search & seizure?)
- Challenging the legality of the police searches (Did investigators violate your Fourth Amendment rights?)
Even if you are caught red-handed, you can still benefit from our legal expertise in arguing for leniency and reducing your sentence. We may seek to demonstrate your drug possession was for personal consumption, rather than “intent to sell.” We may argue that a child was not in your presence or in any way involved in your drug charges. If you are accused of selling a chemical used in the manufacture of drugs, we may try to prove an alternate use for the chemical. Can it be proved you were going to use ammonia hydroxide to make meth? Perhaps you were using it as a cleaner or to manufacture textiles, fertilizer, rubber, or plastics.
Plano, TX drug lawyer Andrew Peveto knows exactly what tricks detectives use to deceive people facing manufacture or delivery charges. They prey on your desperation to avoid jail time and tell you what you want to hear to get the information they need to get a slam-dunk. Detectives have little to no authority over the District Attorney’s office. Even if you cooperate, there is no guarantee the DA will express leniency in sentencing. We’ve handled cases where we get the charges dismissed based on legal grounds, without cooperation necessary. An experienced lawyer will know which the best path forward to reduce the trouble you’re in.
Contact Plano & DFW Drug Lawyer Andrew Peveto For A Free Consultation
When the law is not on your side, you need all the help you can get to defend your rights and protect your freedom. We’ve seen a lot of dirty tricks pulled by criminal investigators in Texas who are bent on coming up with a conviction at all costs – even when it infringes on the rights of the accused or breaks protocol. Drug manufacture defense lawyer Andrew Peveto has served North Texas, including Plano and Dallas Fort Worth, for more than a decade. While no results are guaranteed, Andrew Peveto has been voted among the Top 3 Lawyers in Plano and placed on the prestigious “Top 40 Lawyers Under 40” list. You may continue reading about his experience as a successful Plano, TX marijuana defense attorney, or contact Peveto Law Office for a free consultation.
Additional resources on manufacture or delivery of drugs charges:
- SB 339 – Compassionate Use Act, https://www.dps.texas.gov/rsd/CUP/index.htm
- AlterNet – 5 Worst States To Get Busted With Pot, https://www.alternet.org/2011/05/the_5_worst_states_to_get_busted_with_pot/
- The Arbor – Understanding Texas Marijuana Laws, https://thearbor.com/texas-marijuana-laws/
- Health & Safety Code – Article 481 – https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- Louisiana Commission on Law Enforcement – Texas Drug Statutes, http://www.lcle.la.gov/sentencing_commission/Resources/I%20E.%20TX%20Drug%20Laws.pdf