Health & Safety Code · §481.112

Manufacture or Delivery of CS — PG 1

Knowingly or intentionally manufactures, delivers, or possesses with intent to deliver a controlled substance in Penalty Group 1.

To prove this offense, the State must establish each of the following elements: Manufacture or delivery of PG 1; <1 g; State jail felony.

The base classification is Graded by weight, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Manufacture or delivery of PG 1
  • <1 g
  • State jail felony
Texas Law — Charge Details
State Jail → Enhanced 1st Degree
Offense
Manufacture or Delivery of CS — PG 1
Statute
Tex. Health & Safety Code §481.112
Classification
Graded by weight

Knowingly or intentionally manufactures, delivers, or possesses with intent to deliver a controlled substance in Penalty Group 1.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
<1 gState jail felony§481.112(b)
≥1 g but <4 g2nd degree felony§481.112(c)
≥4 g but <200 g1st degree felony§481.112(d)
≥200 g but <400 g10–99 yrs or life; fine up to $100,000§481.112(e)
≥400 g15–99 yrs or life; fine up to $250,000§481.112(f)

Practice 3 questions on this topic

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Worked examples

Worked example 1

Manufacture or delivery of less than 1 gram of PG 1 is what level?

  1. Class A misdemeanor
  2. State jail felony Correct
  3. 2nd degree felony
  4. 1st degree felony
Why: Manufacture / delivery <1 g of PG 1 is a state jail felony. Each higher weight tier moves up the felony ladder.
Statute: Tex. Health & Safety Code §481.112(b)
Worked example 2

Manufacture / delivery of PG 1 ≥400 grams is punishable by:

  1. 10–99 yrs or life, fine up to $100,000
  2. 15–99 yrs or life, fine up to $250,000 Correct
  3. 5–99 yrs or life, fine up to $10,000
  4. 30–99 yrs or life, fine up to $500,000
Why: Manufacture/delivery PG 1 ≥400 g is the most serious tier — 15 to 99 years or life and fine up to $250,000.
Statute: Tex. Health & Safety Code §481.112(f)
Worked example 3

SCENARIO. Undercover officer purchases 3.5 g of methamphetamine in a controlled buy. Charge for delivery?

  1. State jail felony (<1 g)
  2. 2nd degree felony (≥1 g but <4 g) Correct
  3. 1st degree felony (≥4 g but <200 g)
  4. Class A misdemeanor
Why: Methamphetamine = PG 1. Delivery ≥1 g but <4 g = 2nd degree felony.
Statute: Tex. Health & Safety Code §481.112(c)

Statutory definitions for this topic

Possession with intent to deliver (PWID) Tex. Health & Safety Code §481.112; Texas case law
Possession proven by totality of evidence to be intended for delivery rather than personal use: quantity, packaging (multiple small baggies), scales, ledgers, currency in small denominations, multiple cell phones, lack of personal-use paraphernalia, presence of weapons.