Manufacture or Delivery of a Controlled Substance is one of the most serious drug charges in Texas. Unlike a simple possession case, a delivery charge alleges that you produced, sold, or transferred drugs — and the penalties are severe, climbing quickly with the weight involved.
What the Law Covers
Texas law makes it a felony to knowingly manufacture, deliver, or possess with intent to deliver a controlled substance. For Penalty Group 1 substances this falls under Texas Health and Safety Code § 481.112, with parallel statutes for the other penalty groups. "Delivery" can include an actual transfer, a constructive transfer, or even an offer to sell.
Punishment Range
These are felony offenses, and the level depends on the substance and the aggregate weight. Penalties range from a state jail felony for the smallest amounts up to an enhanced first-degree felony — punishable by life or 5 to 99 years and fines reaching into the hundreds of thousands of dollars — for the largest quantities.
How These Cases Are Defended
Delivery cases often rely on confidential informants, controlled buys, and surveillance. A strong defense examines the legality of the search and any warrant, the reliability of informants, entrapment, the chain of custody, the lab's identification and weight of the substance, and whether the State can actually prove intent to deliver rather than simple possession.
If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.