Drug manufacture and delivery is considered a serious allegation as per the Texas Laws. Compared to possession, drug manufacture and delivery is more serious. Being caught in the act of manufacturing or delivering drugs, you risk facing felony charges. You should also know that you also don’t have to be caught in the act for you to face these charges. If you are facing such allegations, then you need to seek the legal assistance of an experienced lawyer. Drug manufacture and delivery attracts heavy penalties and long jail terms. A skilled defense attorney like Sandra Oballe can help you avoid years in a Texas prison.
What Happens When You are Charged with Drug Manufacture and Delivery in Texas?
Different cases have different outcomes. The only way to determine any possibilities is by seeking legal help. The lawyer will assess your situation, and from there you can come up with a plan. You need to know that the manufacture and delivery of drugs in Texas is a felony. However, according to the Texas statute, the penalties depend on the amount of controlled substance in possession as well as the type of substance.
When you are charged with drug manufacture and delivery in Texas, your felony charge could fall under the following; 1st Degree, 2nd Degree, 3rd Degree, and state jail felonies. The penalties for these felonies are listed in Chapter 481 of the Texas Health and Safety Code. Controlled substances include the likes of Cocaine, Marijuana, Meth, and Heroine amongst others. You should know that Marijuana isn’t considered to be a controlled substance in Texas.
Interpreting Texas Law
What Does Drug Manufacture and Delivery Mean?
The definition of drug manufacture and delivery isn’t always clear to everyone. Does it mean that when police find drugs in your home, you have the intent of distributing it? There are a couple of things the police look for before charging you for drug manufacture and delivery.
Below is how these terms are defined in Chapter 481 of the Texas Health and Safety Code:
Manufacture – It is the act of preparing, processing, and compounding of controlled substances. Packaging and repackaging is also considered as drug manufacture. Any form of synthesis or extraction of a controlled substance also falls under manufacture. Licensed practitioners are legally allowed to do the latter.
Delivery – This is the act of transferring a controlled substance from one person to another. This can either be through via sale or not. That is money can either be involved or not.
The two charges go hand in hand. Since law enforcements conclude that if you are manufacturing drugs, you had the intent to deliver them to other persons.
Penalties for Drug Manufacture or Delivery
The penalties for the above charges depend on the group of drugs being discussed. The most severe penalties fall under group 1. This includes the most dangerous and harmful drugs. Group mainly consists of opiates and heroin. Group 2 is for central nervous system stimulants such as Adderall. Group 3 is for depressants like benzodiazepines and Xanax. Finally, Group 4 entails drugs that contain nonnarcotic ingredients.
As mentioned earlier, manufacture and delivery of drugs in Group 1 attracts severe penalties compared to the other groups. The penalties also rise depending on the amount manufactured or delivered. Amounts exceeding 400 grams are regarded as a 1st-degree felony.
Facing drug manufacture and delivery charges in Texas can be stressful and overwhelming. It is why you need a skilled attorney to represent you. Moreover, with an experienced Lawyer, you can get a not guilty verdict or a reduced charge depending on your case.
