Understanding Manufacturing and Delivery Drug Charges in Texas

Drug offenses in Texas are treated with serious consequences—especially when the charges involve the manufacture or delivery of controlled substances. These are felony offenses that can carry long prison sentences, hefty fines, and lasting consequences for your future.

If you or someone you love is facing a manufacturing or delivery charge in Texas, it’s critical to understand how these laws work, what the penalties are, and how a strong legal defense can help.

What Do “Manufacture” and “Delivery” Mean Under Texas Law?

Under the Texas Controlled Substances Act, the terms “manufacture” and “delivery” are defined broadly.

• Manufacture refers to the production, preparation, propagation, compounding, conversion, or processing of a controlled substance. This includes growing marijuana, operating a meth lab, or even mixing substances for resale.
• Delivery includes actual or attempted transfer of a controlled substance to another person. This can involve selling drugs, sharing drugs with friends, or acting as a middleman—even without money changing hands.

You do not have to be caught in the act of a sale to be charged with delivery. Intent to deliver, supported by evidence like packaging materials, large quantities, or scales, can be enough for a charge.

Controlled Substance Penalty Groups

Texas classifies drugs into Penalty Groups 1 through 4, based on their danger and potential for abuse. The penalties for manufacturing or delivering drugs vary depending on the group and amount involved:

• Penalty Group 1: Includes cocaine, heroin, methamphetamine, and fentanyl. These carry the harshest penalties.
• Penalty Group 2: Includes MDMA (ecstasy), PCP, and certain hallucinogens.
• Penalty Group 3: Includes prescription drugs like Xanax and Valium.
• Penalty Group 4: Includes certain compounds with limited narcotic content.

Penalties for Manufacturing or Delivering Drugs in Texas

The consequences depend on the type and quantity of drug involved:

The penalties escalate with higher quantities and with prior convictions. Additionally, enhancements may apply if the offense occurred:

• Near a school or daycare
• In the presence of a minor
• With the use or possession of a firearm

Possible Defenses to Manufacturing or Delivery Charges

Defending against these serious charges requires a skilled criminal defense attorney. Common legal defenses may include:

• Illegal search and seizure – Evidence obtained without a proper warrant or probable cause may be inadmissible.
• Lack of intent to deliver – Mere possession does not prove intent to sell or distribute.
• Entrapment – When law enforcement induces someone to commit a crime they otherwise wouldn’t have.
• Insufficient evidence – The prosecution must prove all elements beyond a reasonable doubt.

In some cases, defendants may be eligible for diversion programs, probation, or reduced charges, especially for first-time offenders.

What to Do If You’re Charged

If you are arrested or under investigation for manufacturing or delivery of drugs in Texas:

• Do not speak to law enforcement without a lawyer present.
• Hire an experienced criminal defense attorney immediately.
• Do not post anything about the case on social media.
• Gather any evidence that may support your defense, including text messages, witnesses, or receipts.

Final Thoughts

A manufacturing or delivery drug charge in Texas is extremely serious and can have life-changing consequences. However, being charged does not mean you’re guilty—and a knowledgeable defense attorney can challenge the evidence, protect your rights, and fight for the best possible outcome.

Facing a Drug Charge in Texas? We Can Help.
If you or a loved one has been charged with manufacturing or delivering a controlled substance, contact our firm today for a confidential consultation. We’ll guide you through your legal options and help you build a strong defense.