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: <1g: state jail felony; 1g–<4g: 2nd degree felony; 4g–<200g: 1st degree felony; 200g–<400g: 10–99 or life, fine up to $100,000; 400g+: 15–99 or life, fine up to $250,000.
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
- <1g: state jail felony
- 1g–<4g: 2nd degree felony
- 4g–<200g: 1st degree felony
- 200g–<400g: 10–99 or life, fine up to $100,000
- 400g+: 15–99 or life, fine up to $250,000
Knowingly or intentionally manufactures, delivers, or possesses with intent to deliver a controlled substance in Penalty Group 1.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| <1 g | State jail felony | §481.112(b) |
| ≥1 g but <4 g | 2nd degree felony | §481.112(c) |
| ≥4 g but <200 g | 1st degree felony | §481.112(d) |
| ≥200 g but <400 g | 10–99 yrs or life; fine up to $100,000 | §481.112(e) |
| ≥400 g | 15–99 yrs or life; fine up to $250,000 | §481.112(f) |
Practice 2 questions on this topic
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Worked examples
Manufacture or delivery of less than one gram of a Penalty Group 1 substance is what level of offense?
- Class A misdemeanor
- State jail felony Correct
- 3rd degree felony
- 2nd degree felony
An undercover officer buys 0.6 grams of methamphetamine from a defendant in a hand-to-hand sale. Defendant is charged with delivery. What level applies?
- State jail felony (<1 g) Correct
- 2nd degree felony (>=1 g but <4 g)
- 1st degree felony (>=4 g but <200 g)
- Class A misdemeanor (PG 3 <28 g)