Health & Safety Code · §481.112
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: Manufacture or delivery of PG 1; <1 g; State jail felony.
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
- Manufacture or delivery of PG 1
- <1 g
- State jail felony
Texas Law — Charge Details
State Jail → Enhanced 1st Degree
Offense
Manufacture or Delivery of CS — PG 1
Statute
Tex. Health & Safety Code §481.112
Classification
Graded by weight
Knowingly or intentionally manufactures, delivers, or possesses with intent to deliver a controlled substance in Penalty Group 1.
Potential Penalty Enhancements
| 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 3 questions on this topic
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Worked examples
Worked example 1
Manufacture or delivery of less than 1 gram of PG 1 is what level?
- Class A misdemeanor
- State jail felony Correct
- 2nd degree felony
- 1st degree felony
Why: Manufacture / delivery <1 g of PG 1 is a state jail felony. Each higher weight tier moves up the felony ladder.
Statute: Tex. Health & Safety Code §481.112(b)
Worked example 2
Manufacture / delivery of PG 1 ≥400 grams is punishable by:
- 10–99 yrs or life, fine up to $100,000
- 15–99 yrs or life, fine up to $250,000 Correct
- 5–99 yrs or life, fine up to $10,000
- 30–99 yrs or life, fine up to $500,000
Why: Manufacture/delivery PG 1 ≥400 g is the most serious tier — 15 to 99 years or life and fine up to $250,000.
Statute: Tex. Health & Safety Code §481.112(f)
Worked example 3
SCENARIO. Undercover officer purchases 3.5 g of methamphetamine in a controlled buy. Charge for delivery?
- State jail felony (<1 g)
- 2nd degree felony (≥1 g but <4 g) Correct
- 1st degree felony (≥4 g but <200 g)
- Class A misdemeanor
Why: Methamphetamine = PG 1. Delivery ≥1 g but <4 g = 2nd degree felony.
Statute: Tex. Health & Safety Code §481.112(c)
Statutory definitions for this topic
- Possession with intent to deliver (PWID) Tex. Health & Safety Code §481.112; Texas case law
- Possession proven by totality of evidence to be intended for delivery rather than personal use: quantity, packaging (multiple small baggies), scales, ledgers, currency in small denominations, multiple cell phones, lack of personal-use paraphernalia, presence of weapons.