Drug Possession vs. Delivery and Manufacture of Controlled Substance in Texas: Know the Difference

 Posted on January 08, 2025 in Drug Charges

Drug Possession vs. Delivery and Manufacture of Controlled Substance in Texas: Key Legal Insights

Understanding the difference between drug possession vs delivery and manufacture of controlled substances in Texas is crucial if you or someone you know is facing drug-related charges. These terms are not interchangeable, and the penalties vary based on the specifics of the case. At Barbieri Law Firm, we bring decades of experience and board-certified expertise to each case, ensuring our clients receive top-tier representation tailored to their unique circumstances.

In this blog, we will cover the differences between drug possession vs delivery and manufacture of controlled substances in Texas and how Barbieri Law Firm can help if you find yourself facing one of these charges.

What Constitutes Drug Possession?

In Texas, drug possession refers to the care, custody, control, or management of a controlled substance. It's categorized by factors such as the type of substance, quantity, and the circumstances surrounding the possession.

Key considerations for drug possession charges include:

• Classification of the Drug: Controlled substances are divided into Penalty Groups in Texas. These range from Penalty Group 1 drugs (e.g., cocaine, methamphetamine) to Penalty Group 4 drugs (e.g., certain prescription medications).
• Amount in Possession: The more you possess, the more severe the potential charges. Small amounts may result in misdemeanor charges, while larger quantities can escalate to felonies.
• Intent: Possession generally assumes the substance is for personal use rather than for sale or distribution.

What Constitutes Delivery and Manufacture of Controlled Substance?

Delivery and manufacture of controlled substances involves activities beyond possession, such as the manufacture, distribution, or sale of illegal drugs. Even without evidence of sale, certain factors can elevate possession charges to delivery and manufacture of controlled substances.

Key indicators of delivery and manufacture of controlled substances include:

• Large Quantities: Possessing a substantial amount of a controlled substance often implies intent to distribute.
• Paraphernalia or Evidence: Items like scales, packaging materials, or large amounts of cash may signal delivery and manufacture of controlled substances activity.
• Movement Across Jurisdictions: Transporting drugs across state or national borders can lead to federal delivery and manufacture of controlled substances charges.

Differences in Penalties

The penalties for drug possession vs delivery and manufacture of controlled substances in Texas vary significantly, with delivery and manufacture of controlled substances carrying far harsher consequences. Understanding these distinctions is vital when facing charges.

Drug Possession Penalties

Penalties depend on the drug type, quantity, and circumstances:

• Misdemeanor Possession: Up to 180 days in jail and $2,000 in fines.
• State Jail Felony: 180 days to 2 years in jail and up to $10,000 in fines.
• Third-Degree Felony: 2 to 10 years in prison and fines up to $10,000.
• First-Degree Felony: 5 to 99 years of life in prison and up to $10,000 in fines.

Delivery and Manufacture of Controlled Substance Penalties

Delivery and manufacture of controlled substances, results in stricter sentences:

• State Jail Felony: 180 days to 2 years in jail and up to $10,000 in fines.
• Second-Degree Felony: 2 to 20 years in prison and fines up to $10,000.
• First-Degree Felony: 5 to 99 years or life in prison and up to $10,000 in fines.
• Enhanced Felony: 10 to 99 years or life in prison and fines up to $100,000.

Collateral Consequences

Both offenses can lead to lasting impacts like job loss, housing challenges, driver's license suspension, and immigration penalties.

Why the Right Legal Representation Matters

At Barbieri Law Firm, we understand the complexities of drug-related charges and how the Texas law can dramatically impact your case. Our firm's board-certified criminal defense attorneys and former prosecutors bring a wealth of experience to the table, ensuring that every client receives a well-informed and strategic defense.

We provide:

• Comprehensive Case Evaluation: We examine every detail of your case, from the circumstances of your arrest to the evidence presented.
• Proactive Defense Strategies: Our 115-point defense checklist ensures no stone is left unturned.
• Personalized Legal Services: With a limited caseload of just 35 cases per attorney, we dedicate the time and attention necessary to achieve the best possible outcome for every client.

Why Barbieri Law Firm

With over 25 years of criminal defense experience, Barbieri Law Firm is a trusted name in the legal community. Led by Heather Barbieri, a board-certified criminal defense attorney, our team has earned a reputation for legal excellence, fierce advocacy, and innovative strategies.

Our approach includes:

• Education and Transparency: We believe in empowering clients by explaining the law in clear, accessible terms.
• Unmatched Expertise: From weekly team strategy meetings to our proven track record in court, we are relentless in pursuing justice for our clients.
• Client-Centric Focus: Every case is handled with the utmost discretion and professionalism, ensuring the best possible experience for our clients.

Contact Barbieri Law Firm

If you're facing charges for Drug Possession vs. Delivery and Manufacture of Controlled Substance in Texas, it's essential to act quickly. The difference between these charges could mean the difference between a probationary sentence and decades behind bars. Let Barbieri Law Firm provide the expert guidance and defense you need.

Schedule your confidential consultation today to learn more about how we can safeguard your rights and restore your future.