Texas manufacture or delivery of a controlled substance
Texas manufacture or delivery of a controlled substance is a criminal offense under Health and Safety Code § 481.113. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. 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.
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Classification: Weight-tiered: state jail felony (<1g) to enhanced first-degree felony (≥400g)
Punishment range: <1g: state jail, 180d–2yr / $10K. 1–4g: 2nd-degree, 2–20 yr / $10K. 4–400g: 1st-degree, 5–99 yr / $10K. 400g+: enhanced 1st-degree, 10–99 yr or life / up to $100,000 fine. (No 3rd-degree tier in PG2 manufacture/delivery.)
The controlling statute
HSC § 481.113 covers manufacture, delivery, and possession with intent to deliver any Penalty Group 2 controlled substance — MDMA, PCP, mescaline, psilocybin, and various amphetamine analogs. Unlike PG1 possession, the manufacture/delivery statute compresses the weight tiers: there is no third-degree felony level, so any quantity above 1 gram is at least a second-degree felony. Intent to deliver may be proven by quantity, packaging, scales, or buyer testimony.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 481.113 |
| Cluster | Drug Crimes |
| Classification | Weight-tiered: state jail felony (<1g) to enhanced first-degree felony (≥400g) |
| Range | <1g: state jail, 180d–2yr / $10K. 1–4g: 2nd-degree, 2–20 yr / $10K. 4–400g: 1st-degree, 5–99 yr / $10K. 400g+: enhanced 1st-degree, 10–99 yr or life / up to $100,000 fine. (No 3rd-degree tier in PG2 manufacture/delivery.) |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 481.113 charge, the State must prove every element beyond a reasonable doubt:
- Defendant knowingly or intentionally manufactured, delivered, or possessed with intent to deliver a controlled substance
- The substance is listed in Penalty Group 2 under HSC § 481.103
- Aggregate weight including adulterants and dilutants is within a statutory tier
- Defendant did not have lawful manufacturer or pharmacist authorization
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Manufacture or Delivery of a Controlled Substance case:
- No intent to deliver — possession was personal use only (challenge inferred intent)
- Substance does not meet PG2 chemical definition; lab identification challenge
- Constructive transfer or constructive possession failed — no affirmative links
- Fourth Amendment suppression of search warrant lacking probable cause
- Entrapment by informant or undercover officer under Penal Code § 8.06
- Outrageous government conduct — informant supplied the precursor chemicals
Enhancements & collateral consequences
Drug-free zone (§ 481.134) adds a classification level. Manufacture in a structure with a child present triggers § 481.122 enhancements. Use of a firearm in furtherance of drug trafficking opens federal 18 U.S.C. § 924(c) liability — mandatory 5-year consecutive. Habitual-offender enhancement under § 12.42 with two prior felonies can drive a second-degree felony to a first-degree minimum of 25 years.
Key Legal Terms
- Manufacture (HSC § 481.002(25))
- Production, preparation, propagation, compounding, conversion, or processing of a controlled substance; includes synthesis from precursors and refinement of crude product.
- Delivery (HSC § 481.002(8))
- Actual transfer, constructive transfer, or offer to sell a controlled substance from one person to another, with or without consideration; reaches dealers, runners, and middlemen.
- Penalty Group 2
- HSC § 481.103 schedule covering hallucinogens and most phenethylamines: MDMA, PCP, psilocybin, mescaline, peyote, mescaline analogs; distinct from PG2-A synthetic cannabinoids.
Frequently Asked Questions
What drugs are in Penalty Group 2 in Texas?
Is the manufacture/delivery weight tier different from possession?
What is possession with intent to deliver?
Is psilocybin therapy legal in Texas?
What is the 400-gram enhanced first-degree for Penalty Group 2?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Manufacture or Delivery of a Controlled Substance? Talk to L and L Law Group.
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