Health & Safety Code · §481.140

Manufacture/Delivery

Manufacture/Delivery is covered under §481.140 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Statements of the accused; Surrounding circumstances; Controlled buy evidence; Physical evidence (currency, baggies, etc.).

Elements you must prove

  • Statements of the accused
  • Surrounding circumstances
  • Controlled buy evidence
  • Physical evidence (currency, baggies, etc.)

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Worked examples

Worked example 1

Tex. Health & Safety Code §481.140 — admissible evidence for delivery includes:

  1. Drug-recognition expert opinion only
  2. Statements of the accused, the surrounding circumstances, controlled buy evidence, and physical evidence — sufficient to prove the elements Correct
  3. Hearsay always
  4. Plant material only
Why: Delivery is proven via the totality of evidence — controlled-buy recordings / video, marked currency, pre-recorded buy money, physical evidence, post-arrest statements, and confidential-informant testimony. Officers should preserve evidence carefully.
Statute: Tex. Health & Safety Code §481.140; Texas case law