Manufacture or Delivery of a Controlled Substance

There are many drug charges that a person can face in Texas, including manufacturing or delivery of a controlled substance. If you find yourself accused of this crime, it will likely have a big impact on your life. You are suddenly in a position where you need to defend your reputation, your freedom, and your rights. You also may need to defend your job depending on your career, and you may feel like you need to defend yourself to your family and friends.

When you hire The Wilder Law Firm, our over 25 years with criminal cases will go to work for you. I will not let you go through this process alone. I will stand by you and put my decades of work as a criminal defense lawyer to work for you. It is natural to feel frightened and overwhelmed right now, because the accusations or charges that you face are serious. Don’t leave your case up to chance – get me on your side so that I can protect your rights and guide you through this difficult time in your life. Going through this alone is overwhelming. Call me immediately at 214-741-4000 so I can start defending you. 

What is Manufacture or Delivery of a Controlled Substance?

There are several related crimes for manufacture or delivery of a substance outlined in the Texas Penal Code. All of these statutes outline manufacturing or delivering a substance as knowingly possessing, manufacturing, or delivering a controlled substance with the intention to deliver the substance. 

The statutes related to manufacturing and delivering drugs are as follows:

Penalty Group 1 drugs include:

  • Opiates.
  • Derivatives of opium such as morphine, codeine, and heroin.
  • Cocaine.
  • Opium poppy.
  • Methamphetamine.
  • Ketamine.
  • Flunitrazepam.
  • PCP.
  • Phenylacetone.
  • GHB.

Penalty Group 1-A consists of LSD. Penalty Group 2 drugs are:

  • Hallucinogenic drugs 
  • Stimulant or depressive drugs such as quaaludes.
  • Phenylacetone.
  • 2-aminopropanol derived substances.

Penalty Group 2-A drugs include synthetic compounds that mimic the natural effects of cannabinoids. Penalty Group 3 drugs are:

  • Stimulant compounds such as Ritalin.
  • Depressant compounds such as Xanax. 
  • Compounds with limited narcotic content such as morphine and codeine.
  • Nalorphine.
  • Peyote.
  • Anabolic steroids.

Penalty Group 4 drugs include:

  • Compounds that have limited narcotic quantities but that also include medicinal ingredients that are non-narcotic in nature. 
  • Butorphanol or buprenorphine containing compounds. 
  • Pyrovalerone containing compounds.

I Am Ready to Defend You – Here’s How

With more than 25 years of experience working in criminal law, I know that each drug crime charge carries unique circumstances. The prosecution wants to believe that your case is “open and shut” but I know that it is not that simple. There are always mitigating factors, and I will search to get to the bottom of your situation and present the truth in court. A few of the key factors that I will investigate on your behalf are:

  • Did the police conduct a legal search?
  • Were you in possession of the drug?
  • Did you have knowledge the substance was a drug?
  • Is the drug what the police say it is?
  • Is the drug the weight that the police say it is?

Searches

When drugs are seized from a person, this is not always done in a legal manner. I will investigate your situation further to determine if the police had a right to confiscate drugs and charge you with a crime. Did the police have a legal search warrant? Did they adhere to that search warrant? Did they execute the warrant within the specified time frame? Did they search your vehicle without your permission? Did you consent or were you coerced into consenting to the search? An illegal search will result in the evidence being suppressed. Knowing the law is key to knowing if a search is legal or not.

Possession

Possession means actual care, custody, control, or management. You do not have to be the owner of the drug to be in possession nor does the drug have to be physically on you. However, just being in the presence of a drug or being around a drug does not constitute legal possession.

Knowledge

In all cases involving drugs, you have to know the substance was a drug and that you knew the substance was where it was found. Borrowing a friend’s car or jacket that has drugs in it is not a crime if you did not know the drugs were there. A friend left drugs in your car and didn’t tell you and the police find them is another scenario. You will have to prove you did not know, but that scenario is not a crime. Defending someone because they did not know the drugs were present is a case by case situation, and very fact dependent. If this is the case, we can argue that you had no knowledge of the drugs, and that therefore, you should not face a drug-related crime. 

Real vs. Fake Drugs

There are situations where people are found in possession of what appears to be a drug, but upon further review, it is actually a fake drug. The first step that I will take is analyzing the drugs that you are accused of manufacturing or delivering. If the drugs are not legitimate, you cannot be charged with a crime.

Drug Weight

Drug weights are a very important element of Texas manufacturing and delivery charges. This is because the penalties for this crime are based on the weight of the drugs found. I will make sure that you were not charged with more drug weight than you were really in possession of. I will always argue for the lowest level charge possible on your behalf.

These are just a few examples of common defenses we always explore. I will sit down with you to get the facts straight so I know how to best defend you. I will ensure that the most effective defense is developed and that everything is done to protect you.

Manufacture or Delivery Penalties

The penalties for manufacture or delivery of a substance can be serious, depending on which crime you are charged with. The penalties for these crimes will vary based on the weight of the drugs that a person is found with. Here is an overview of potential penalties:

  • Manufacture or Delivery of Substance in Penalty Group 1, less than one gram: 180 day to two year prison sentence, fine of as much as $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 1, more than one but less than four grams: 2-20 year prison sentence, fine of as much as $10,000. 
  • Manufacture or Delivery of Substance in Penalty Group 1, four or more grams or less than 200 grams: 5-99 year prison sentence, fine of as much as $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 1, 200 grams or less than 400 grams: A prison term of 10-99 years, or a life sentence, and a fine of up to $100,000.
  • Manufacture or Delivery of Substance in Penalty Group 1, 400 grams or more: A prison sentence of 15-99 years, or a life sentence, and a fine of up to $250,000.
  •  Manufacture or Delivery of Substance in Penalty Group 1-A, fewer than 20 number of abuse units: A prison sentence of 180 days to two years and a fine of up to $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 1-A, 20 or more units of abuse, but less than 80 units: 2-20 year prison sentence, fine of as much as $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 1-A, 80 or more units of abuse but less than 4,000 units: 5-99 year prison sentence, fine of as much as $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 1-A, unit of abuse is more than 4,000: A 15-99 year prison sentence, or a life sentence, and a fine of as much as $250,000.
  • Manufacture or Delivery of Substance in Penalty Group 2 or 2-A, less than one gram: 180 day to two year prison sentence, fine of as much as $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 2 or 2-A, more than one but less than four grams: 2-20 year prison sentence, fine of as much as $10,000. 
  • Manufacture or Delivery of Substance in Penalty Group 2 or 2-A, four or more grams or less than 200 grams: 5-99 year prison sentence, fine of as much as $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 2 or 2-A, 400 grams or more: A prison term of 10-99 years, or a life sentence, and a fine of up to $100,000.
  • Manufacture or Delivery of Substance in Penalty Group 3 or 4, less than 28 grams: A prison sentence of 180 days to two years, fine of as much as $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 3 or 4, 28 grams or more but less than 200 grams: 2-20 year prison sentence, fine of as much as $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 3 or 4, 200 grams or more but less than 400 grams: 5-99 year prison sentence, fine of as much as $10,000.
  • Manufacture or Delivery of Substance in Penalty Group 3 or 4, 400 grams or more: A prison sentence of 10-99 years, or a life prison term, and a fine of as much as $100,000.

My Goal is Protecting Your Rights

The penalties for manufacturing or delivering a controlled substance are very serious and can have lifelong consequences. An arrest does not mean you will be convicted and there are many things that need to be immediately done to protect you. I will fight for you during this time and will make sure you do not do anything to jeopardize your case. Call me at 214-741-4000 and I will immediately start defending you.

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We are passionate and determined about what we do, and we fight for our clients. If you’ve found yourself or a loved one in trouble, don’t give up hope. We have a criminal defense attorney who can help.

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