Manufacture or Delivery of Marijuana, Controlled Substance or Dangerous Drug

This generally applies to defendants who are in possession of large quantities of Marijuana, Controlled Substances or Dangerous Drugs.
The penalties are classified by the type of drug, the Schedule Group of the Controlled Substance and the  weight of the drug, including adulterants or dilutants.

This would also apply to people suspected of manufacturing such drugs or suspected of dealing such drugs.

Penalties vary greatly depending on the type of drug/substance, the classified drug Schedule and the quantity. The list below provides some details on penalty ranges for the various drug or substance in possession. All penalties can be enhanced for habitual offenders or if the offense is committed in the presence of a child.

Manufacture or Delivery of Marijuana: 
  • 1/4 oz or less and the defendant did not receive payment for the marijuana: Misdemeanor B
  • 1/4 oz or less and the defendant did receive payment for the marijuana: Misdemeanor A
  • 5 pounds- more than 1/4 oz: State Jail felony
  • 50 pounds- more than 5 pounds: 2nd Degree Felony
  • 2,000 pounds- more than 50 pounds: 1st Degree Felony
  • more than 2,000 pounds: 10 years  - life in prison and a fine not to exceed $100,000
Manufacture or Delivery of Controlled Substance:
Penalty Group 1.
  • Less than 1 gram: State Jail Felony
  • 1 gram - less than 4 grams: 2nd Degree Felony
  • 4 grams - less than 400 grams: 1st Degree Felony
  • 400 grams or more: 15 years  - life in prison and a fine not to exceed $250,000

Penalty Group 1-A.

  • Fewer than 20 units: State Jail Felony
  • 20 units - less than 80 units: 2nd Degree Felony
  • 80 units - less than 4,000 units: 1st Degree Felony
  • 4,000 units or more: 15 years  - life in prison and a fine not to exceed $250,000
Penalty Group 2and 2-A.
  • Less than 1 gram: State Jail Felony
  • 1 gram - less than 4 grams: 2nd Degree Felony
  • 4 grams - less than 400 grams: 1st Degree Felony
  • 400 grams or more: 10 years  - life in prison and a fine not to exceed $100,000
Penalty Group 3 and 4.
  • Less than 28 grams: State Jail Felony
  • 28 grams - less than 200 grams: 2nd Degree Felony
  • 200 grams - less than 400 grams: 1st Degree Felony
  • 400 grams or more: 15 years  - life in prison and a fine not to exceed $100,000
Manufacture or Delivery of Dangerous Drug:
  • Delivery: State Jail Felony
  • Manufacturing: State Jail Felony
  • Forging or Altering a Prescription: Class B Misdemeanor, unless defendant was previously convicted of same, then it is a Class A Misdemeanor

Will My Drivers License be Suspension?

Many people do not realize that a drug conviction of any type will lead to a Driver's License suspension. Even if you were NOT operating a motor vehicle at the time of the alleged offense, the Driver's License suspension will apply if you are convicted. If your case is not dismissed or you do not obtain deferred adjudication probation, you will lose your license for 180 days if you are over 21. If you are under 21, you may lose your license for one year. A conviction for any of the following offenses will  result in an automatic Drive's License suspension: Possession of Marijuana, Possession of Drug Paraphernalia, Possession of a Controlled Substance or Possession of a Dangerous Drug case. 

Drug or Controlled Substance Offenses and the Texas DPS penalties: 

Individuals who are convicted of a drug or controlled substance offense will face the following penalties:

  • Will have their driver license suspended for 180 days, and
  • Are required to complete a 15-hour class in an authorized Drug Education Program for each conviction. (Online courses will not be accepted for this requirement)
Individuals who do not have a driver license at the time of the offense will be denied the issuance of a driver license for 180 days. The 180 days for the denial of issuance, also known as an Order of Prohibition, starts when the individual contacts the Texas Department of Public Safety (DPS) and completes the appropriate form.This form is NOT available online, you must go to a local DPS Office and pick one up in person.

Prior to the renewal or issuance of a driver license, the defendant must:

  1. Pay the required reinstatement fee and
  2. Obtain a Financial Responsibility Insurance Certificate (SR-22) from an authorized insurance company then submit to DPS (an SR-22 must be maintained for two years from the date of conviction), and
  3. Submit to DPS the certificate of completion for the required Drug Education Program. To find the program that is right for you, click here for a list of agencies. Then you must contact that agency directly and register for the class.
To check your driver eligibility with Texas DPS, click here.

Gilbert G. Garcia, has practiced Criminal Law since 1978 and has been Board Certified in Criminal Law since 1989. The Gilbert G. Garcia Law Firm is the logical choice to represent you in your criminal case, providing the quality legal services you deserve in your most important matters.

Free initial consultations and reasonable fees.  Personal payments plans available and most major credit cards accepted.  Many issues are able to be handled via e-mail, phone calls and fax and after hours and weekend appointments are available upon request to meet the needs of each client.

Conveniently located on the Montgomery County Courthouse square since 1983.

For more information on Manufacture or Delivery of Marijuana, Controlled Substance or Dangerous Drug,  Contact Gilbert Garcia today at 936-756-3333.

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