Manufacture or Delivery of Substance in Penalty Group 1 (HSC 481.112)

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

The degree of the offense depends on the amount (by weight) of the drugs, including adulterants or dilutants. There is a special enhancement for this offense if a child under the age of 18 is present.

If the amount is:	Then the offense is:	If a Child is Present
Less than 1 gram	State Jail Felony	Third Degree Felony
Between 1 and 4 grams	Second Degree Felony	First Degree Felony
Between 4 and 200 grams	First Degree Felony	First Degree Felony
Between 200 and 400 grams	First Degree Felony with a minimum of 10 years in prison and optional fine of up to $100,000	First Degree Felony with a minimum of 15 years in prison and optional fine of up to $150,000
400 grams or more	First Degree Felony with a range of 15 -99 years or life in prison and optional fine of up to $250,000.	First Degree Felony with a minimum of 20-99 years or life in prison and optional fine of up to $300,000.

Statute

Sec. 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1.
(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.
(e) An offense under Subsection (a) is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(f) An offense under Subsection (a) is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 1188, Sec. 2, eff. Sept. 1, 2001.

Sec. 481.1122. MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1: PRESENCE OF CHILD. If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed:
(1) the punishments specified by Sections 481.112(b) and (c) are increased by one degree;
(2) the minimum term of imprisonment specified by Section 481.112(e) is increased to 15 years and the maximum fine specified by that section is increased to $150,000; and
(3) the minimum term of imprisonment specified by Section 481.112(f) is increased to 20 years and the maximum fine specified by that section is increased to $300,000.
Added by Acts 2007, 80th Leg., R.S., Ch. 840, Sec. 1, eff. September 1, 2007.