Charged with Manufacture or Delivery of Marijuana or a Controlled Substance in Abilene or San Angelo, TX?
The Law Offices of David M. White Can Help – Offices in Abilene and San Angelo
In Texas, manufacturing or delivering marijuana or controlled substances carries harsher penalties than possession alone. Texas law expressly prohibits the manufacture or delivery of controlled substances within the state, no matter how much you are carrying.
If you have been arrested for the manufacture or delivery of marijuana or a controlled substance, the Law Offices of David M. White can help. We understand the importance of your case, and we offer free consultations to help you get started.
Call us at (325) 221-4421 to schedule yours today.
What Are the Legal Definitions of Delivery and Manufacture?
The definitions for the “delivery” and manufacture” of marijuana or a controlled substance can be found in Chapter 491 of the Texas Health and Safety Code, also known as the Texas Controlled Substance Act.
According to Section 481.002, “deliver” means “to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.” Delivery is synonymous with “drug transaction” and means the act of delivering.
Under the same Section, “manufacture” means “the production, preparation, propagation, compounding, conversion, or processing of a controlled substance.” Notably, the term manufacturer does not apply to medical practitioners or professionals who are using the substance for research, teaching, or chemical analysis.
In simpler terms, manufacturing refers to creating drugs (e.g., making meth in a lab) or preparing them for sale or consumption (e.g., packaging cocaine), and delivery refers to selling drugs.
Manufacturing and delivery charges are both extremely serious. If you face either of these charges, contact our Abilene delivery and manufacture lawyer as soon as possible.
What Are the Penalties for Delivering Marijuana?
Like other states, Texas views marijuana differently than other controlled substances. Still, the penalties are serious and vary depending on the amount of marijuana authorities find at the time of your arrest and whether or not you have received payment.
Under Section 481.120:
- Delivering ¼ ounce or less without receiving payment is a Class B misdemeanor (up to $2,000 in fines and 180 days in jail)
- Delivering ¼ ounce or less and receiving payment is a Class A misdemeanor (up to $4,000 in fines and 1 year in jail)
- Delivering between ¼ ounce and 5 pounds is a felony (up to $10,000 in fines and 180 days - 2 years in state jail)
- Delivering between 5 and 50 pounds is a 2nd-degree felony (up to $10,000 in fines and 2-20 years in prison)
- Delivering between 50 and 2,000 pounds is a 1st-degree felony (up to $10,000 in fines and 5-99 years in prison)
- Delivering more than 2,000 pounds is an enhanced 1st-degree felony (up to $100,000 in fines and 10-99 years in prison)
Important note: Marijuana laws in Texas and around the United States are constantly changing. Some states have made medical marijuana legal, and others have authorized recreational use.
Marijuana remains illegal in Texas, but if you have any questions, you can speak to a lawyer today. Get legal advice for FREE from our firm by scheduling a consultation!
What Are the Penalties for Manufacturing or Delivering a Controlled Substance?
The state of Texas divides controlled substances into groups based on how dangerous they are. The penalties vary for each group.
Group 1 controlled substances include cocaine, heroin, methamphetamine, and ketamine. The penalties range from 180 days - 2 years in prison and up to $10,000 in fines for less than 1 gram and 15-99 years in prison and up to $250,000 for 400 grams or more. All the charges in this category are felonies.
Group 1-A controlled substances include lysergic acid and LSD. The penalties range from 180 days - 2 years and up to $10,000 in fines for fewer than 20 units and 15-99 years in prison and up to $250,000 for 4,000 or more units. Similar to Group 1 substances, all charges in this category are felonies.
Group 2 controlled substances include psychedelic substances like ecstasy, mushrooms, and psilocybin. Although all the charges related to this group are felonies, the penalties are slightly lower than Groups 1 and 1-A. They range from 180 days - 2 years in prison and up to $10,000 in fines for less than 1 gram and 10-99 years and up to $100,000 for 400 grams or more.
Group 3 controlled substances include prescription drugs like Valium, Xanax, Lorazepam, and Ritalin – used improperly and without a prescription. Manufacturing or delivering less than 28 grams of these substances is a Class A misdemeanor that carries up to $4,000 in fines and up to 1 year in jail. All other charges in this category are felonies and carry $10,000 to $100,000 in fines and 2-99 years in prison.
Group 4 controlled substances contain small amounts of codeine, opium, or motofen. Manufacturing or delivering Group 4 substances is a Class A misdemeanor for less than 28 grams and a felony for all other quantities. Fines range from up to $4,000 to up to $100,000 and sentences range from up to 1 year to 99 years.
If you have been charged with any drug crime, your future is at stake.
The Law Offices of David M. White can help you protect it.
What Sets Our Firm Apart?
At the Law Offices of David M. White, we are dedicated to client satisfaction. We are not only committed to helping you get the results you need, but we also provide top-notch customer service in English and Spanish.
Everyone deserves stress-free legal defense, and our team genuinely wants to help you.
Please do not hesitate to get in touch – call us at (325) 221-4421 or contact us online to schedule your free consultation today and find out how our firm can help you!
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