Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2 OR 2-A. (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 2 or 2-A.
(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 400 grams.
(e) An offense under Subsection (a) is punishable by imprisonment in 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, 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. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.097, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 170 (S.B. 331), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 170 (S.B. 331), Sec. 4, eff. September 1, 2011.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle C - Substance Abuse Regulation and Crimes
Chapter 481 - Texas Controlled Substances Act
Subchapter D. Offenses and Penalties
Section 481.101. Criminal Classification
Section 481.102. Penalty Group 1
Section 481.1021. Penalty Group 1-A
Section 481.1022. Penalty Group 1-B
Section 481.103. Penalty Group 2
Section 481.1031. Penalty Group 2-A
Section 481.104. Penalty Group 3
Section 481.105. Penalty Group 4
Section 481.106. Classification of Controlled Substance Analogue
Section 481.108. Preparatory Offenses
Section 481.112. Offense: Manufacture or Delivery of Substance in Penalty Group 1
Section 481.1121. Offense: Manufacture or Delivery of Substance in Penalty Group 1-A
Section 481.1122. Manufacture of Substance in Penalty Group 1: Presence of Child
Section 481.1123. Offense: Manufacture or Delivery of Substance in Penalty Group 1-B
Section 481.113. Offense: Manufacture or Delivery of Substance in Penalty Group 2 or 2-A
Section 481.1131. Cause of Action for Sale or Provision of Synthetic Cannabinoid
Section 481.114. Offense: Manufacture or Delivery of Substance in Penalty Group 3 or 4
Section 481.115. Offense: Possession of Substance in Penalty Group 1 or 1-B
Section 481.1151. Offense: Possession of Substance in Penalty Group 1-A
Section 481.116. Offense: Possession of Substance in Penalty Group 2
Section 481.1161. Offense: Possession of Substance in Penalty Group 2-A
Section 481.117. Offense: Possession of Substance in Penalty Group 3
Section 481.118. Offense: Possession of Substance in Penalty Group 4
Section 481.119. Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances
Section 481.120. Offense: Delivery of Marihuana
Section 481.121. Offense: Possession of Marihuana
Section 481.122. Offense: Delivery of Controlled Substance or Marihuana to Child
Section 481.123. Defense to Prosecution for Offense Involving Controlled Substance Analogue
Section 481.125. Offense: Possession or Delivery of Drug Paraphernalia
Section 481.126. Offense: Illegal Barter, Expenditure, or Investment
Section 481.127. Offense: Unauthorized Disclosure of Information
Section 481.128. Offense and Civil Penalty: Commercial Matters
Section 481.129. Offense: Fraud
Section 481.130. Penalties Under Other Law
Section 481.131. Offense: Diversion of Controlled Substance Property or Plant
Section 481.132. Multiple Prosecutions
Section 481.133. Offense: Falsification of Drug Test Results
Section 481.134. Drug-Free Zones
Section 481.135. Maps as Evidence of Location or Area
Section 481.136. Offense: Unlawful Transfer or Receipt of Chemical Precursor
Section 481.137. Offense: Transfer of Precursor Substance for Unlawful Manufacture
Section 481.138. Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus
Section 481.139. Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture