Delivery of a Controlled Substance

Delivery of a controlled substance is an offense that includes other crimes such as manufacturing, trafficking and intent to sell. Even if you are caught transporting small amounts of a controlled substance, you could be facing time behind bars and expensive fines.

Just because you were arrested, doesn’t mean that you are guilty. Prosecutors will be tasked with proving without a reasonable doubt that you delivered, manufactured, trafficked or intended to sell the drug in question.

Defense Attorney for Delivery of a Controlled Substance in Harris County, TX

If you were arrested for delivery of a controlled substance, you probably have many questions that an experienced attorney could answer. Let Brian Benken represent you. He’s a compassionate attorney who will guide you every step of the way through the legal process.

Take the first step in building your defense. Contact The Benken Law Firm today at (713) 223 - 4051 to schedule a free case consultation. Brian Benken represents clients in every community throughout Harris County such as Southside Place, Sunnyside, Kashmere Gardens, Greater Heights and many others.


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What is Delivery of a Controlled Substance?

If you were arrested for delivery of a controlled substance, you might be wondering what that the term actually means under Texas law. The Texas Controlled Substance Act broadly defines delivery as the act of delivering, but the charge means you intended to deliver a drug that was in your possession to someone else.

Delivery of a controlled substance can be either actual or constructive. In Texas, intending to deliver is considered actually delivering the substance; even just offering to sell a drug to someone can be considered actual delivery.

When you own or control a drug, and you hand that drug to someone else to deliver to another person, it’s considered constructive delivery. Constructive delivery is a charge that is usually handed down to people who handle manufacturing.

Constructive delivery can be turned into actual delivery. For example, you leave drugs in a storage unit, give the keys to someone else and that person takes the drugs. Leaving the drugs in the storage unit and giving someone else the key is constructive delivery, but once that person takes the drugs from the unit, it’s considered actual delivery.


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Texas Penalty Groups

Understanding how the state penalizes the delivery of controlled substance can be a bit confusing to understand. To better understand how it’s done, it’s best to familiarize yourself with how Texas categorizes drugs. They do so by placing the hundreds of drugs in the scheduling into one of four categories.

Marijuana offenses under the Texas Controlled Substance Act are independent of the other four drug classes, so they fall under their own category with their own penalties.

The penalty groups under the state Health and Safety Code include:

Penalty Group I: Drugs in this group can consist of codeine, hydrocodone, oxycodone, heroin, cocaine, methamphetamine and ketamine.

Penalty Group II: Examples of drugs in this category include MDMA, PCP, mescaline and psilocybin.

Penalty Group III: Some examples of drugs in this group can include Xanax, Valium and peyote.

Penalty Group IV: Drugs in this category are those that contain small amounts of opium, codeine or difenoxin.

Marijuana Group: This group includes marijuana and synthetic marijuana or cannabinoids such as K2 and spice.


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Penalties for Delivery of a Controlled Substance in Texas

How you are penalized for delivery of a controlled substance will depend on which group the drug you were caught delivering falls under and the amount. Delivering or manufacturing a controlled substance is penalized more harshly than if you were found in possession.

Below are the penalties for delivery of a controlled substance based on the penalty group they fall under:

Delivery of Substances in Penalty Group I: Caught knowingly delivering or indenting to deliver any substance under this penalty groups can be penalized by:

  • A state jail felony for less than one gram. This is punishable by up to two years in jail and $10,000 in fines.
  • A second-degree felony for more than one gram but less than four that can be punished by up to 20 years in prison and $10,000 in fines.
  • A first-degree felony for more than four grams but less than 200. You could face five to 99 years of life in prison and $10,000 in fines.
  • More than 200 grams but less than 400 is punishable by 10 to 99 years or life in prions and $100,000 in fines.
  • For more than 400 grams you could face 15 to 99 years or life behind bars and $250,000 in fines.

Delivery of Substances in Penalty Group II: Delivering controlled substances in this penalty group can be charged as:

  • A state jail felony for less than one gram that entails up to two years in jail and $10,000 in fines.
  • A second-degree felony for amounts greater than one gram but less than four. You could face up to 20 years behind bars and $10,000 in fines.
  • A first-degree felony for more than four grams but less than 400 that is punishable by five to 99 years in prison and up to $10,000 in fines.
  • 400 grams or more of any substance in this group is punishable by 10 to 99 years of life in prison and $100,000 in fines.

Delivery of Substances in Penalty Group III or IV: Delivery of substances that fall under both penalty group III and IV are penalized as follows:

  • It’s a state jail felony for less than 28 grams is punishable by up to two years in prison and $10,000 in fines.
  • It’s a second-degree felony for more than 28 grams but less than 200 grams. You could face up to 20 years behind bars and $10,000 in fines.
  • It’s a first-degree felony for amounts greater 200 grams, but less than 400 is punishable by five to 99 years or life in prions and $10,000 in fines.
  • Caught delivering 400 grams or more can be punishable by 10 to 99 years or life in prison and $100,000 in fines.

Delivery of Marijuana: Knowingly or intentionally delivering marijuana is charged as follows:

    • A class B misdemeanor for less than one-fourth an ounce and you do not receive money for the delivery. You could spend up to 180 days in jail, $2,000 in fines or a combination of both.
    • A class A misdemeanor for delivering less than one-fourth and ounce and you did receive money for the delivery. This charge is punishable by up to a year behind bars, a $4,000 fine or both.
    • A state jail felony if the amount if more than one-fourth an ounce but less than five pounds. You could spend up to two years in prison and $10,000 in fines.
    • A second-degree felony for more than five pounds but less than 50 pounds that is punishable by up to 20 years in prison and $10,000 in fines.
    • A first-degree felony for more than 50 pounds but less than 2,000. You could spend five to 99 years in prison and $10,000 in fines.
    • More than 2,000 pounds is punishable by 10 to 99 years or life in prison and $100,000 in fines.

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Drug Manufacturing in Texas

The only people who are legally able to prepare, label or package controlled substances in Texas are those who are licensed to do so as part of their professional practice. But for ordinary people, drug manufacturing is illegal in Texas.

Aside from marijuana, manufacturing of a controlled substance is referred to as the creation of an illegal drug by the use of chemicals, lab equipment and special techniques. The drug can be manufactured in a lab, someone’s garage or a cabin in the woods. Examples of drugs that are most commonly manufactured include:

  • Crack cocaine
  • Methamphetamine
  • LSD

Manufacturing is charged the same per penalty group as delivery, so if you’re convicted, you could face anywhere from 180 days to life in prison. If it’s found that you manufactured drugs in the presence of a child, you could face increased imprisonment and fines.


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Additional Resources for Delivery of a Controlled Substance in Houston, TX

Texas Controlled Substance Act– You can read the full text of the act that classifies controlled substance in Texas. You can also view every drug that is listed under every penalty group and penalties for possession. The act can be read on the Texas Constitution and Statutes website.

Texas Punishments | Texas Penal Code Chapter 12– Follow this link to view how Texas punishes each offense. You can also learn how offenses outside the code are classified, penalties for repeat offenders and penalties for offenses committed because of bias or prejudice.


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Lawyer for Delivery of a Controlled Substance in Houston, TX

Brian Benken is an experienced and knowledgeable criminal defense attorney and investigator that will work diligently to ensure you receive the best possible outcome for your situation. The Benken Law Firm represents clients with delivery of controlled substance charges in all areas across Harris County such Houston, River Oaks, The Heights, Uptown, Bellaire and many, many others.

Let The Benken Law Firm represent you. Call (713) 223 - 4051 today to consult with Brian Benken about your case.


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