San Antonio Delivery of a Controlled Substance Attorney

In Texas, the manufacture or delivery of a controlled substance is a serious crime. The penalties for this offense depend on the type of drug involved and the amount being manufactured or delivered.

There are seven penalty groups in Texas that classify controlled substances based on their potential for abuse and their medicinal value.

Penalty Group 1 includes drugs such as cocaine, methamphetamine, ketamine, oxycodone, methodone, and heroin. These are some of the most dangerous and addictive drugs and are therefore subject to the harshest penalties.

Penalty Group 1-A includes drugs such as LSD and other hallucinogens. These drugs are also considered highly dangerous and are subject to severe penalties.

Penalty Group 1-B includes drugs such as fentanyl, alpha-methylfentanyl, and any other derivative of fentanyl. These drugs are highly potent and can be deadly, so they are also subject to severe penalties.

Penalty Group 2 includes drugs such as Ecstasy and other synthetic drugs. These drugs are less dangerous than those in Penalty Group 1, but are still considered harmful and are subject to significant penalties.

Penalty Group 2-A includes derivatives of cannabinol. These drugs, commonly known as synthetic marijuana, are considered less dangerous than those in Penalty Group 1, but are still subject to significant penalties.

Penalty Group 3 includes many benzodiazepines and sedatives such as Valium, hydrocodone, and Xanax. These drugs have some medicinal value and are considered less dangerous than those in Penalty Group 1, but are still subject to significant penalties.

Penalty Group 4 includes drugs such as Darvocet, morphine, and other prescription medications. These drugs have a high medicinal value and are considered the least dangerous controlled substances. However, they are still subject to penalties for illegal manufacture or delivery.

In Texas, the penalties for manufacturing or delivering a controlled substance depend on the penalty group in which the drug falls. The specific penalties also depend on the amount of the drug involved and whether the offense occurred in a drug-free zone.

Manufacture, Deliver, and Possession with Intent to Deliver

In Texas, the term “manufacture” refers to the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

The term “delivery” means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.

“Possession with intent to deliver” refers to the possession of a controlled substance with the intention of transferring it to another person.

These activities are all prohibited under Chapter 481 of the Texas Health and Safety Code, which is the state’s controlled substances act. This chapter defines the various controlled substances that are illegal to manufacture, deliver, or possess with the intent to deliver, and sets forth the penalties for violating these provisions.

Law Enforcement Techniques

In Texas, undercover buys and confidential informants are often used as part of investigations into the manufacture, delivery, or possession with intent to deliver of controlled substances. These investigative techniques can be effective in gathering evidence and building a case against individuals suspected of involvement in these crimes.

An undercover buy occurs when a law enforcement officer or another individual working for the police poses as a customer and purchases drugs from a suspect. This can provide direct evidence of the sale of a controlled substance and can be used to build a case against the suspect.

A confidential informant is an individual who provides information to law enforcement about criminal activity. Confidential informants may be used to gather information about drug activity or to facilitate the purchase of drugs from a suspect.

While undercover buys and the use of confidential informants can be effective in investigating crimes involving controlled substances, they can also raise issues related to search and seizure.

To address these and other potential issues, law enforcement agencies in Texas may have policies in place to govern the use of undercover buys and confidential informants. These policies may include guidelines for the use of these techniques, as well as procedures for documenting and reporting their use.

Defenses in Texas

There are several possible defenses to the crime of manufacture, delivery, or possession with intent to deliver of a controlled substance in Texas. Some of these defenses are based on the legality of the search and seizure that led to the discovery of the controlled substance.

One possible defense is that the search and seizure was unlawful. For a search and seizure to be considered lawful, it must be based on probable cause or a valid search warrant. If there was no probable cause or valid search warrant, the evidence obtained as a result of the search and seizure may be deemed inadmissible in court.

Another possible defense is that the controlled substance was discovered as a result of an illegal search and seizure that violated the defendant’s Fourth Amendment rights. The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by law enforcement. If a search and seizure is found to be unreasonable, the evidence obtained as a result of the search may be inadmissible in court.

A third possible defense is that the defendant had no knowledge of the controlled substance. If the defendant was unaware that the controlled substance was present, they may not be guilty of the crime of manufacture, delivery, or possession with intent to deliver.

Other possible defenses to the crime of manufacture, delivery, or possession with intent to deliver of a controlled substance in Texas include:

• The controlled substance was for personal use and not intended for sale or distribution
• The controlled substance was planted by someone else
• The defendant was acting under duress or coercion.

It is important to note that these are just a few of the possible defenses to this crime, and the specific defenses available will depend on the circumstances of the case. An experienced criminal defense attorney can help a defendant understand the defenses that may be available in their case and advise them on the best course of action.

Penalties for Manufacture, Delivery, or Possession with Intent to Deliver a Controlled Substance in Texas

PENALTY GROUP 1

• Less than 1 gram – State Jail Felony
• More than 1 gram and less than 4 grams — Second-Degree Felony
• More than 4 grams and less than 200 grams — First-Degree Felony
• More than 200 grams and less than 400 grams — Super Felony punishable by 10-99 years in prison, a fine up to $100,000, or both
• 400 grams or more — Super Felony punishable by 15-99 years in prison, a fine up to $250,000, or both

PENALTY GROUP 1-A

Because this group deals exclusively with LSD, the penalties are separated into “dosage units”

• Less than 20 units— State Jail Felony
• More than 20 units and less than 80 units— Second-Degree Felony
• More than 80 units and less than 4,000 units— First-Degree Felony
• More than 4,000 and less than 8,00 units— First-Degree Felony
• 8,000 or more units – Super Felony punishable by 15-99 years in prison, fine up to $250,000, or both.

PENALTY GROUP 1-B

• Less than 1 gram – State Jail Felony
• More than 1 gram and less than 4 grams — Second-Degree Felony
• More than 4 grams and less than 200 grams — Super Felony punishable by 10-99 years in prison, a fine up to $20,000, or both
• More than 200 grams and less than 400 grams — Super Felony punishable by 15-99 years in prison, a fine up to $100,000, or both
• 400 grams or more — Super Felony punishable by 20-99 years in prison, a fine up to $500,000, or both

PENALTY GROUP 2 or 2A

• Less than 1 gram— State Jail Felony
• More than 1 gram and less than 4 grams— Second-Degree Felony
• More than 4 grams and less than 400 grams— First-Degree Felony
• 400 grams or more— Super Felony punishable by 10-99 years in prison, a fine up to $100,000, or both

PENALTY GROUP 3 or 4

• Less than 28 grams— Class A Misdemeanor
• More than 28 grams and less than 200 grams— Second Degree Felony
• More than 200 grams and less than 400 grams— First-Degree Felony
• 400 grams or more— Super Felony punishable by 10-99 years in prison, a fine up to $100,000, or both

Attorney Brad Thornton

If you have been charged with the crime of manufacture, delivery, or possession with intent to deliver of a controlled substance in Texas, it is important to seek the advice of an experienced criminal defense attorney. Board-certified criminal defense attorney Brad Thornton is an excellent choice for anyone facing these charges.

Mr. Thornton is a former chief prosecutor who has extensive experience handling criminal cases, including those involving controlled substances. His unique background as both a prosecutor and a defense attorney gives him a thorough understanding of the criminal justice system and how to effectively defend against criminal charges.

Mr. Thornton is committed to fighting for the rights of his clients and achieving the best possible outcome in their cases. He is a skilled negotiator and advocate who is dedicated to providing high-quality legal representation to his clients.

If you are facing charges related to the manufacture, delivery, or possession with intent to deliver of a controlled substance in Texas, don’t hesitate to contact Mr. Thornton for a free consultation. He will review the specifics of your case and provide you with honest, straightforward advice about your legal options. With his help, you can feel confident that you are receiving the best representation possible as you navigate the criminal justice system.