Texas manufacture or delivery of PG1 — Health & Safety Code § 481.112
Texas manufacture or delivery of PG1 is a criminal offense under Health and Safety Code § 481.112. Base conduct is classified as a state jail felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Health & Safety Code § 481.112 covers manufacture and delivery of Penalty Group 1 controlled substances — cocaine, methamphetamine, and others. Manufacture and delivery (including possession with intent to deliver) carry significantly enhanced penalties compared to simple possession under § 481.115. The largest weight tier (over 400g)
Classification: State jail felony to enhanced first-degree felony
Punishment range: State jail (under 1g) up to enhanced 1st-degree felony (over 400g, 15-99 years or life with $250,000 fine)
The controlling statute
Texas Health & Safety Code § 481.112 covers manufacture and delivery of Penalty Group 1 controlled substances — cocaine, methamphetamine, and others. Manufacture and delivery (including possession with intent to deliver) carry significantly enhanced penalties compared to simple possession under § 481.115. The largest weight tier (over 400g) carries 15 to 99 years or life TDCJ with a $250,000 fine.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 481.112 |
| Cluster | Drug Crimes |
| Classification | State jail felony to enhanced first-degree felony |
| Range | State jail (under 1g) up to enhanced 1st-degree felony (over 400g, 15-99 years or life with $250,000 fine) |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 481.112 charge, the State must prove every element beyond a reasonable doubt:
- Defendant knowingly manufactured, delivered, or possessed with intent to deliver
- A Penalty Group 1 controlled substance
- Without authorization
- Weight quantity (aggregate including adulterants/dilutants) places the offense in a specific tier
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Manufacture or Delivery of PG1 case:
- Motion to suppress search (Fourth Amendment)
- No intent to deliver — quantity, packaging, scales, and cash analysis
- Affirmative links to substance (multiple-occupant scenarios)
- Lab challenges on substance identification and weight
- Confidential informant disclosure motion (TRE 508)
- Federal vs. state prosecution analysis — diversion to safety valve route
Enhancements & collateral consequences
Drug-free zone enhancement (§ 481.134) adds 5 years and $10,000. Federal parallel prosecution under 21 U.S.C. § 841(b)(1)(A) carries 10-year mandatory minimum at 1kg or 5kg cocaine. Death-resulting enhancement under 21 U.S.C. § 841(b)(1)(C) carries 20-year mandatory minimum.
Key Legal Terms
- Manufacture (§ 481.002(25))
- The production, preparation, propagation, compounding, conversion, or processing of a controlled substance — directly or indirectly by extraction or chemical synthesis.
- Deliver (§ 481.002(8))
- To transfer, actually or constructively, a controlled substance from one person to another — regardless of whether there is an agency relationship and whether or not consideration is received.
- Aggregate Weight (§ 481.002(5))
- Includes adulterants and dilutants — meaning the total weight of the substance including all cutting agents counts toward the weight tier, not just the pure active ingredient.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is the difference between possession and possession with intent to deliver in Texas?
What is the penalty for delivery of cocaine in Texas?
Is "intent to deliver" presumed at certain weights in Texas?
What evidence does the State use to prove intent to deliver in Texas?
Can federal and state prosecution happen at the same time in Texas?
References & Authoritative Sources
About the Authors
Charged with Texas Manufacture or Delivery of PG1? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060