Manufacture or delivery of a controlled substance is a charge that is related to selling or dealing drugs. As a result, it is a much more serious charge than simple possession and can result in severe penalties. If you have been charged with the manufacture or delivery of a controlled substance, seek help from an experienced drug crime defense lawyer as soon as possible.
What Is Drug Manufacturing?
Manufacturing is defined under the Texas Health & Safety Code as the “production, preparation, propagation, compounding, conversion, or processing of a controlled substance” other than marijuana. Manufacturing need not be done in a professional laboratory environment to run afoul of the statute. Furthermore, “manufacturing” is not limited manufacturing in the traditional sense; simply packaging or repackaging, or labeling or re-labeling the container of the drugs is considered manufacturing under the Health and Safety Code.
To be convicted of drug manufacturing, the State must show a link between the Defendant and an interest in the location of the place the manufacturing was occurring, or, to the actual manufacturing itself. Mere presence at the manufacturing location is not enough to sustain a conviction. The State must introduce other evidence, whether direct or circumstantial, to tie the Defendant to the illegal drug manufacturing.
What Is Delivery?
Drug delivery under Texas law is the transfer of drugs from one person to another. Note that it is not limited to the sale of drugs; any transfer of drugs, with or without the exchange of money or other consideration could be considered delivery.
Delivery can be “actual” “constructive”, or an “offer to sale”.
- Actual delivery would be the actual physical transfer of contraband from the control of one person to another. Person A handing and relinquishing control of contraband to Person B would fall under actual delivery.
- Constructive delivery occurs when the defendant transfers contraband under his control by another person or agency at the defendant’s direction. For example, giving drugs to a friend to deliver to a third party would fall under constructive delivery.
- Offer to sale can be done by word or deeds, when the person offers to sell contraband to another. “Delivery” is complete upon making an offer.
Giving drugs to a friend would qualify as delivery under Texas law, even if the amount of drugs was for personal use. In other words, you could face a manufacture or delivery charge even if you had no intent to ever be involved in drug dealing.
Possession with Intent to Deliver
You can be charged with delivery of a controlled substance even if you didn’t actually or constructively deliver the drugs to another person. Under Texas law, the intent to deliver drugs is treated the same as delivery itself. For example, you could be charged with delivery if law enforcement believes that the quantity and other evidence suggest that you intended to sell or otherwise distribute the drugs in your possession. Some examples include:
- Where you were arrested
- Large amounts of cash
- The presence of paraphernalia for use of sale i.e. scales
Manufacture or Delivery Is a Felony Offense
Manufacture or delivery charges are complicated because there are a range of penalties you can face based on the type of drugs involved, the quantity of drugs involved, and other circumstances of your case. The bottom line is that you could be facing years in prison and serious fines. As a result, do not risk your future by facing your charges alone.
Call Barton & Associates, Attorneys At Law, PLLC to Speak with a Drug Crime Defense Lawyer Today
If you have been charged with a drug crime, we can help. Contact us today to schedule a consultation.
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