Health & Safety Code · §481.141

Manufacture/Delivery

Manufacture/Delivery is covered under §481.141 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Delivery of controlled substance; Death results from use of that substance; Enhanced confinement range (15–99 or life).

Elements you must prove

  • Delivery of controlled substance
  • Death results from use of that substance
  • Enhanced confinement range (15–99 or life)

Practice 1 question on this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

Delivery of a controlled substance causing death (HSC §481.141 'death of person from controlled substance') triggers:

  1. No special enhancement
  2. Enhanced penalty range — minimum confinement raised to 99 years or life with possibility of $250,000 fine for certain delivery / manufacturing offenses where the controlled substance contributed to death Correct
  3. Capital felony
  4. Class A misdemeanor
Why: Where delivery of a controlled substance contributed to a death, §481.141 enhances the punishment to a sentence of life or any term of not more than 99 nor less than 15 years. Often used for fentanyl deaths.
Statute: Tex. Health & Safety Code §481.141

Statutory definitions for this topic

§481.141 enhancement (death from CS) Tex. Health & Safety Code §481.141
Where delivery of a controlled substance contributed to a death, the punishment range is enhanced to 15 to 99 years or life — commonly used for fentanyl deaths.