Penal Code · §481.112

Manufacture or Delivery of CS — PG 1

Q: Manufacture or delivery of less than one gram of a Penalty Group 1 substance is what level of offense?

State jail felony Manufacture/delivery of <1g of PG 1 is a state jail felony. Each higher weight tier moves up the felony ladder, topping out at 15–99 or life and fine up to $250,000 for 400g+.

Q: An undercover officer buys 0.6 grams of methamphetamine from a defendant in a hand-to-hand sale. Defendant is charged with delivery. What level applies?

State jail felony ( =1 g but <4 g delivery is a 2nd degree felony.

Knowingly or intentionally manufactures, delivers, or possesses with intent to deliver a controlled substance in Penalty Group 1.

The base classification is Graded by weight, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

Manufacture or delivery of PG 1
<1 g

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
<1 g	State jail felony
≥1 g but <4 g	2nd degree felony
≥4 g but <200 g	1st degree felony
≥200 g but <400 g	10–99 yrs or life; fine up to $100,000
≥400 g	15–99 yrs or life; fine up to $250,000

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Worked examples

Worked example 1

Manufacture or delivery of less than one gram of a Penalty Group 1 substance is what level of offense?

Class A misdemeanor
State jail felony Correct
3rd degree felony
2nd degree felony

Why: Manufacture/delivery of <1g of PG 1 is a state jail felony. Each higher weight tier moves up the felony ladder, topping out at 15–99 or life and fine up to $250,000 for 400g+.

Statute: Tex. Health & Safety Code §481.112(b)

Worked example 2

An undercover officer buys 0.6 grams of methamphetamine from a defendant in a hand-to-hand sale. Defendant is charged with delivery. What level applies?

State jail felony (<1 g) Correct
2nd degree felony (>=1 g but <4 g)
1st degree felony (>=4 g but <200 g)
Class A misdemeanor (PG 3 <28 g)

Why: Manufacture/Delivery <1 g of PG 1 is a state jail felony. Each higher weight bracket steps the felony up; >=1 g but <4 g delivery is a 2nd degree felony.

Statute: Tex. Health & Safety Code §481.112(b)