The same 1-4 grams that would be a third-degree possession case becomes second-degree — 2 to 20 years — the moment the state alleges delivery. That two-level jump is the whole fight.
Charge: Manufacture or Delivery of a Controlled Substance, Penalty Group 1, 1–4 grams — Health & Safety Code § 481.112(c)
Level: Second-degree felony
Range: 2 – 20 years prison, fine to $10,000
Court: District court in the county of arrest
How these cases play out in Central Texas courts
The state’s delivery evidence at this weight is usually circumstantial: packaging in multiples, a scale, cash denominations, text threads. Each has innocent readings, and juries know it — which is why prepared defenses extract possession reductions and why controlled-buy cases get litigated on informant credibility and operational procedure. In our Central Texas counties, the difference between a defended and undefended MAN DEL case at this weight is frequently the difference between deferred adjudication and prison time.
Questions we hear about this charge
What makes them charge delivery instead of possession?
Prosecutorial inference from context — packaging, scales, cash, messages. Inference is attackable; that’s not a technicality, it’s the element they must prove beyond reasonable doubt.
Is probation possible on a second-degree delivery charge?
Deferred adjudication and probation remain legally available in many postures, and reduction to possession widens everything. History and evidence drive it.
Should I take the first offer?
First offers price in your fear, not your defenses. After the video, lab, and informant picture develops, offers move — consistently.
Facing a MAN DEL CS PG 1 1G-4G charge?
The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.
General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.