Manufacture or Delivery of Controlled Substance (PG 1)
Elements
- A person
- Knowingly
- Manufactures, delivers, or possesses with intent to deliver
- A controlled substance listed in Penalty Group 1 (e.g., heroin, cocaine, methamphetamine, opium, oxycodone, hydrocodone in unmixed form, etc.)
- ("Manufacture" includes production, preparation, propagation, conversion, or processing; "Deliver" means to transfer, actually or constructively, to another)
Penalty
Aggregate weight (including any adulterants and dilutants) under §481.112(b–f): less than 1 gram — state jail felony (180 days to 2 years + up to $10,000 fine, §12.35); 1 to 4 grams — 2nd degree felony (2 to 20 years + up to $10,000 fine, §12.33); 4 to 200 grams — 1st degree felony (5 to 99 years or life + up to $10,000 fine, §12.32); 200 to 400 grams — 1st degree felony with mandatory minimum 10 years (up to 99 or life + up to $100,000 fine); 400+ grams — 1st degree felony with mandatory minimum 15 years (up to 99 or life + up to $250,000 fine).
Enhancements
Drug-Free Zone enhancement (§481.134): minimum confinement doubled and may not run concurrently if offense committed in/near a school, child-care facility, public youth center, etc. Use of a child or under-18 person in commission carries additional enhancement under §481.140. Federal charges under 21 U.S.C. §§841/846 may apply.