• Long prison sentences
• Hefty fines
• 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. Delivery includes the actual or attempted transfer of a controlled substance to another person. 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 or large quantities, can be enough for a charge.

Specifically, here are the definitions:

• Manufacture: The production, preparation, propagation, compounding, conversion, or processing of a controlled substance. This can include growing marijuana, operating a meth lab, or even mixing substances for resale.
• Delivery: The 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.

The intent to deliver is a major factor the prosecution focuses on. Evidence such as digital scales, excessive packaging materials, or a large amount of cash can all be used to establish this intent, even without an observed transaction.

Controlled Substance Penalty Groups and Penalties

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 significantly depending on the group and amount involved, with Group 1 carrying the harshest penalties.

The four main Penalty Groups are:

• 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 Group 1 Drugs in Texas

The consequences for offenses involving Penalty Group 1 substances escalate rapidly with the quantity involved:

These penalties are often subject to enhancements. Penalties escalate if the offense occurred near a school or daycare, in the presence of a minor, or involved the use or possession of a firearm. In our experience, these enhancements are frequently sought by prosecutors to pressure defendants into less favorable plea agreements.

Possible Defenses to Manufacturing or Delivery Charges

Defending against these serious felony charges requires a skilled, strategic criminal defense attorney. Our firm takes every opportunity to challenge the prosecution’s case from the moment you hire us. Common legal defenses we deploy include challenging the legality of the police procedure, the sufficiency of the evidence, and the intent element of the crime.

Our Primary Defense Strategies

We analyze every case for the following lines of defense:

1. Challenging Illegal Search and Seizure: Evidence obtained without a proper warrant or probable cause is often inadmissible in court, which can lead to a case dismissal.
2. Arguing Lack of Intent to Deliver: Mere possession does not prove intent to sell or distribute. We often argue that the substance was for personal use, undermining the delivery element of the charge.
3. Proving Entrapment: This defense applies when law enforcement induces someone to commit a crime they otherwise would not have, essentially manufacturing the crime.
4. Casting Doubt on Insufficient Evidence: The prosecution must prove all elements of the crime (including identity, possession, and intent) beyond a reasonable doubt. Our job is to show the jury or judge where reasonable doubt exists.

In cases where a dismissal is not possible, we explore every avenue for alternative sentencing, such as diversion programs or probation, especially for first-time offenders who demonstrate a clear path to rehabilitation. As client Kona Thompson noted, Attorney Kelvin’s “expertise, dedication, and strategic approach” resulted in a dismissal in their case.

What to Do If You’re Charged with a Drug Crime

The time immediately following an arrest or charge is the most critical for your defense. Your immediate actions can profoundly affect the outcome of your case. Following these steps is vital to protect your constitutional rights:

1. Immediately Invoke Your Right to Counsel: Do not speak to law enforcement without a lawyer present. Anything you say can and will be used against you.
2. Retain an Experienced Criminal Defense Attorney: Hire a reputable lawyer immediately. As Mallory from our team has done, we will help calm you down and talk you through your best legal options.
3. Maintain Digital Silence: Do not post anything about the case on social media, text messages, or email.
4. Document Everything: Gather any evidence that may support your defense, including text messages, contact information for witnesses, or receipts.

As Attorney Scott E. Edgett explains, our role is to stand against the “vast and virtually limitless resources of the Government” to guarantee you a chance to have your rights protected, an honor guaranteed by the Sixth Amendment of the United States Constitution.

Final Thoughts on Your Defense

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. Like the great Patriot John Adams, we believe that every person deserves a fair trial represented by competent counsel, no matter how politically unpopular the defense may seem.

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 Edgett Law Firm today for a confidential consultation. Our reputable and highly successful attorneys are available and ready 24/7 to discuss your case. We’ll guide you through your legal options and help you build a strong defense.

Learn more about our approach to criminal defense and how we can help with other Texas drug offenses on our site.