Drug Delivery & Manufacture Charges in Texas
Delivery, manufacture and possession with intent to deliver are charged more seriously than simple possession. The penalty depends on the penalty group and the weight alleged. Texas Defense Team represents people charged with these offenses, and a free consultation is available.
What Counts as Delivery or Manufacture Under Texas Law?
What does the statute prohibit?
Under Health & Safety Code §481.112, a person commits an offense by knowingly manufacturing, delivering, or possessing with intent to deliver a Penalty Group 1 substance. Sections 481.113 and 481.114 apply the same wording to Penalty Groups 2 and 3.
What do "deliver" and the other key terms mean?
The Texas Controlled Substances Act defines the key words (§481.002). To deliver means to transfer a controlled substance to another, actually or constructively, whether or not an agent is involved, and it includes offering to sell. To manufacture means to produce, prepare, propagate, compound, convert or process a controlled substance (other than marihuana), and it includes packaging, repackaging, labeling or relabeling the container. Because the statute also covers possession with intent to deliver, no sale has to be completed for the charge to be filed.
Sources: Texas Health & Safety Code §§481.002, 481.112, 481.113, 481.114 (official statute text). Verified October 16, 2026.
- Tex. Health & Safety Code §481.112 — Manufacture, delivery or possession with intent to deliver, Penalty Group 1
- Tex. Health & Safety Code §481.113 — Same offense, Penalty Group 2 or 2-A
- Tex. Health & Safety Code §481.114 — Same offense, Penalty Group 3 or 4
What Are the Penalty Ranges for Delivery and Manufacture?
How is the grade of the offense set?
The grade of the offense is set by the penalty group and the aggregate weight, including adulterants or dilutants.
Penalty Group 1 (§481.112):
| Weight | Grade and range |
|---|---|
| Less than 1 gram | state jail felony |
| 1 gram to under 4 grams | second-degree felony |
| 4 grams to under 200 grams | first-degree felony |
| 200 to under 400 grams | life or 10 to 99 years and a fine of up to $100,000 |
| 400 grams or more | life or 15 to 99 years and a fine of up to $250,000 |
Penalty Group 2 or 2-A (§481.113):
| Weight | Grade and range |
|---|---|
| Less than 1 gram | state jail felony |
| 1 gram to under 4 grams | second-degree felony |
| 4 grams to under 400 grams | first-degree felony |
| 400 grams or more | life or 10 to 99 years and a fine of up to $100,000 |
Penalty Group 3 or 4 (§481.114):
| Weight | Grade and range |
|---|---|
| Less than 28 grams | state jail felony |
| 28 grams to under 200 grams | second-degree felony |
| 200 grams to under 400 grams | first-degree felony |
| 400 grams or more | life or 10 to 99 years and a fine of up to $100,000 |
What does each grade of felony carry?
A state jail felony carries 180 days to two years in a state jail and a fine of up to $10,000 (Penal Code §12.35). A third-degree felony carries two to 10 years and up to $10,000 (§12.34), a second-degree felony two to 20 years and up to $10,000 (§12.33), and a first-degree felony five to 99 years or life and up to $10,000 (§12.32).
Sources: Health & Safety Code §§481.112-481.114; Penal Code §§12.32-12.35. Verified October 16, 2026.
What Is a Drug-Free Zone Enhancement?
When does a drug-free zone raise the punishment?
Texas adds extra punishment when certain drug offenses happen in a drug-free zone (Health & Safety Code §481.134). As written, an offense that would be a state jail felony, third-degree felony or second-degree felony under §481.112, 481.113 or 481.114 is raised one level if it is shown at the punishment phase that it happened in, on or within 1,000 feet of premises of a college or university, a public or private youth center or a playground, or within 300 feet of a public swimming pool or video arcade (§481.134(b)). For the higher weight tiers, the minimum term is increased by five years and the maximum fine is doubled if the offense happened within 1,000 feet of a school, youth center or playground, or on a school bus (§481.134(c)).
How are "school" and "playground" defined?
The statute defines "school" to include a day-care center, and it defines "playground," "youth center" and the other terms. Whether a location qualifies is a question of fact that an attorney can check against the actual property and the distance alleged.
Source: Health & Safety Code §481.134. Verified October 16, 2026.
What Does the State Have to Prove?
What does the State have to prove?
For a delivery, manufacture or intent-to-deliver charge, the State must prove each element in the statute: that the person acted knowingly, that the substance is one listed in the penalty group charged, the weight that sets the grade of the offense, and, for possession with intent, the intent to deliver. An attorney can review how the substance was identified and weighed, how and where it was found, what the officers did before the search, and whether the evidence was lawfully obtained. Under Code of Criminal Procedure Art. 38.23, evidence obtained in violation of the Texas or United States Constitution or laws may not be admitted against the accused, subject to the exception in subsection (b).
What if the allegation is possession only?
If the allegation is possession only, a different and lower set of ranges applies. See our guides to Penalty Group 1, 2 and 3 possession, and our Travis County drug charges page.
This page is general information, not legal advice. Every case is different, and no outcome can be guaranteed.
What to do now
- Find the penalty group and the weight alleged in your charging paperwork: they set the grade.
- Note whether the paperwork alleges a drug-free zone.
- Read the possession-only guides if the allegation is possession rather than delivery.
- Call (512) 599-9000 for a free consultation.
Frequently Asked Questions
What is the penalty for delivery of a controlled substance in Texas?+
It depends on the penalty group and the aggregate weight, including adulterants or dilutants. For Penalty Group 1 under Health & Safety Code §481.112, less than one gram is a state jail felony, one to under four grams is a second-degree felony, and four to under 200 grams is a first-degree felony, with higher ranges at 200 and 400 grams. Sections 481.113 and 481.114 set the ranges for Penalty Groups 2 and 3.
Can I be charged with delivery if I did not sell anything?+
Yes. Under §481.002 to "deliver" includes offering to sell and constructive transfer, and §481.112(a) also covers possessing a Penalty Group 1 substance with intent to deliver it. The State still has to prove the elements, including intent.
What is the difference between possession and possession with intent to deliver?+
They are separate offenses with separate ranges. For example, 1 gram to under 4 grams of a Penalty Group 1 substance is a third-degree felony for possession (§481.115(c)) but a second-degree felony for delivery or possession with intent to deliver (§481.112(c)).
What is a drug-free zone in Texas?+
Under Health & Safety Code §481.134, certain offenses are punished more severely when they occur within 1,000 feet of a school, youth center or playground (or other listed places), or on a school bus. The statute raises the offense level or increases the minimum term and fine depending on the offense.