WHAT DOES POSSESSION WITH INTENT TO MANUFACTURE OR DELIVER MEAN IN TEXAS?
To answer briefly, Selling. It means the State thinks you’re a drug dealer. According to the Texas Controlled Substance Act § 481.112 et seq., it is illegal for an unauthorized person to knowingly possess, deliver, or manufacture any controlled substance or fake controlled substance with the intent to distribute it. This offense is basically a drug dealing offense. A charge often follows after an investigation or a snitch. The elements of the offense must be established by the State before a jury can return a verdict of guilt.
FACTORS THAT INDICATE POSSESSION WITH INTENT TO MANUFACTURE
To determine if your intention was to manufacture and/or deliver drugs, several factors are considered:
- Presence of large amounts of cash;
- Quantity of drugs inconsistent with personal use;
- Presence of weapons, scales, packaging material;
- Presence of chemical laboratory apparatuses;
- Use of a stash house with protective dogs;
- Presence of transport equipment necessary for the required chemicals for manufacturing; and, among other factors,
- Presence of chemicals, like anhydrous ammonia, required to manufacture the controlled substance or fake controlled substance.
ELEMENTS OF POSSESSION WITH INTENT TO MANUFACTURE
To prove the offense of possession with intent to manufacture, the State must prove that you were in possession of the illegal controlled substance and that you acted with a specific state of mind, i.e., you acted intentionally or knowingly. Absent the latter element, you cannot be guilty of this specific crime.
POSSESSION
Possession means possession of an illegal controlled substance that you knew to be illegal. The State does not need to demonstrate that you knew the exact nature of the controlled substance but that you were aware of it. For example, if a friend slipped oxycodone into your purse to hide it, and you were unaware it was there, then you did not commit a crime.
Being in possession of an illegal controlled substance and claiming you were unaware of it, however, is not easily believed by the police or the prosecutor. To prove your claim, you need an experienced criminal defense attorney to build a strategic defense.
INTENTIONAL
Intentional is a state of mind whereby you consciously decide to perform an act. If you deal drugs knowing they are illegal, you intentionally decided to perform an illegal act.
KNOWINGLY
Knowingly is a state of mind whereby you are consciously aware of something. If you have a bag of pills that are illicit and know the same to be true, then you knowingly possess an illegal controlled substance. If, however, you have a bag of pills and believe them to be legal substances, then you are not knowingly in possession of illegal controlled substances.
WHAT ARE THE PENALTIES ASSOCIATED WITH POSSESSION WITH INTENT TO MANUFACTURE IN TEXAS?
If you are convicted of possession of drugs with the intent to manufacture them, the penalties are much harsher than those attributed to possession of drugs for personal use. Penalties are categorized according to their respective harm and addictive properties. The penalty groups range from penalty group I through IV, with penalty group I being the most severe. The penalty groups are outlined in the Texas Controlled Substance Act §§ 481.101-481.105
CONTROLLED SUBSTANCE PENALTY GROUP CLASSIFICATIONS
| Penalty Group | Common Controlled Substances |
| Penalty Group I | Cocaine, Heroin, Codeine, Marijuana, Opium, Methamphetamines, Ketamine, Methadone, Oxycodone, Hydrocone, and Methadone |
| Penalty Group IA | LSD |
| Penalty Group II | Ecstasy, PCP, Mescaline, Methaqualone, and Amphetamine |
| Penalty Group IIA | Cannabinoid derivatives, synthetic cannabinoid |
| Penalty Group III | Valium, Ritalin, Methylphenidate, Xanax |
| Penalty Group IV | Compounds or mixtures containing Dionine, Motofen, Buprenorphine or Pryovalerone |
Marijuana (aka marihuana) is defined as a Cannabis sativa plant according to the Texas Controlled Substance Act, and it includes the seeds and the preparation of the plant, e.g., a joint or shredded buds. Marijuana is not included in the above penalty groups.
CRIMINAL PENALTIES FOR DEALING DRUGS IN TEXAS
If you are convicted of possession with the intent to manufacture, the penalties can be harsh. In Texas, the penalties are set in accordance with the quantity of drugs found and the drug’s classification as a penalty group. The below charts provide the guidelines for penalties.
DRUG PENALTY GROUP I
| Weight | Classification | Penalty |
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine not to exceed $10,000 |
| 1 gram or more, less than 4 grams | Second-degree felony | 2 to 20 years in a state prison and/or a fine not to exceed $10,000 |
| 4 grams or more, but less than 200 grams | First-degree felony | 5 to 99 years in a state prison and/or a fine not to exceed $10,000 |
| 200 grams or more, but less than 400 grams | Enhanced first-degree felony | 10 to 99 years in a state prison and/or a fine not to exceed $100,000 |
| 400 grams or more | Enhanced first-degree felony | 15 to 99 years and a fine not to exceed $250,000 |
DRUG PENALTY GROUP IA
| Drug Amount | Classification | Penalty |
| Fewer than 20 units | State jail felony | 180 days to 2 years in a state jail and/or a fine not to exceed $10,000 |
| 20 or more units, but less than 80 units | Second-degree felony | 2 to 20 years in a state prison and/or a fine not to exceed $10,000 |
| 80 units or more, but less than 4,000 units | First-degree felony | 5 to 99 years in a state prison and/or a fine not to exceed $10,000 |
| 4,000 units or more | Enhanced first-degree felony | 15 to 99 years in a state prison and a fine not to exceed $250,000 |
DRUG PENALTY GROUP II AND IIA
| Weight | Classification | Penalty |
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine not to exceed $10,000 |
| 1 gram or more, less than4 grams | Second-degree felony | 2 to 20 years in a state prison and/or a fine not to exceed $10,000 |
| 4 grams or more, but less than 400 grams | First-degree felony | 5 to 99 years in a state prison and/or a fine not to exceed $10,000 |
| 400 grams or more | Enhanced first-degree felony | 10 to 99 years in a state prison and/or a fine not to exceed $100,000 |
DRUG PENALTY GROUPS III AND IV
| Weight | Classification | Penalty |
| Less than 28 grams | State jail felony | 180 days to 2 years in a state jail and/or a fine not to exceed $10,000 |
| 28 grams or more, but less than 200 grams | Second-degree felony | 2 to 20 years in a state prison and/or a fine not to exceed $10,000 |
| 200 grams or more, but less than 400 grams | First-degree felony | 5 to 99 years in a state prison and/or a fine not to exceed $10,000 |
| 400 grams or more | Enhanced first-degree felony | 10 to 99 years and a fine not to exceed $100,000 |
MARIJUANA
| Weight | Classification | Penalty |
| ¼ ounce or less, given,not for payment | Class B misdemeanor | Not more than 180 days in a county jail and/or a fine not to exceed $2,000 |
| ¼ ounce or less, for payment | Class A misdemeanor | Not more than 1 year in a county jail and/or a fine not to exceed $4,000 |
| More than ¼ ounces, but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail and/or a fine not to exceed $10,000 |
| More than 5 pounds, but less than 50 pounds | Second-degree felony | 2 to 20 years in a state prison and/or a fine not to exceed $10,000 |
| More than 50 pounds, but less than 2,000 | First-degree felony | 5 to 99 years in a state prison and/or a fine not to exceed $10,000 |
| More than 2,000 pounds | Enhanced first-degree felony | 10 to 99 years and a fine not to exceed $100,000 |
OTHER PENALTY CONSIDERATIONS
There are some situations that can aggravate penalties received upon conviction. For instance, if you are within 1,000 feet of a school or youth center or playground, your penalty is enhanced with an additional five years of imprisonment and a fine that is doubled in size. Other similar situations can impact your penalty too. As another example, if you are arrested within 300 feet of a public swimming pool or video arcade, the classification of the offense is increased by one felony degree — thus a state jail felony becomes a felony in the third degree, a felony in the third degree becomes a felony in the second degree and so forth.
Before your case goes to trial, you could be penalized. The Texas Code of Criminal Procedure Forfeiture of Contraband allows the government to seize any property that was used or was intended to be used in the commission of a drug felony. Your car, your home, or any other belongings you have are at risk of being seized. Worse yet: asset forfeiture is a civil action, so you don’t even need to be found guilty before your assets are taken.
ARE THERE DEFENSES TO A CHARGE OF POSSESSION WITH INTENT TO MANUFACTURE IN TEXAS?
An experienced criminal defense attorney like Jon Robinson knows drug laws from cover to cover and knows how those laws play out in the court system. There are defenses and defense strategies that can be used to weaken the State’s case against you.
Some defenses include:
- Absence of Intent or knowledge of possession (i.e., the elements of the offense are not established).
- Mistaken identity (e.g., the State could misidentify a person who was snitched on by another person).
- Valid medical purpose (e.g., the defendant have a medical prescription to carry the drug)
- Insufficient quantity of the drug for manufacturing purposes (i.e., the quantity does not measure the minimum requirement per the Texas Controlled Substances Act and as outlined in the above charts).
Some defensive strategies include:
- Challenging police testimony. Police are known to mishandle evidence and lie about what transpired. An experienced criminal defense attorney will investigate and challenge police testimony accordingly.
- Contest the search and seizure. Your constitutional rights may have been violated and as such, your attorney may be able to have evidence suppressed. Sometimes the only evidence available are the drugs, and if that evidence is thrown out, there may be no case.
- Content the witness testimony. Sometimes witnesses are coerced by the authorities to testify. Sometimes the witness is the snitch who may have his or her own agenda, and thus, may have lied about the facts and circumstances of the case. Your attorney can challenge the credibility of the confidential informant or other witnesses.
An experienced lawyer like Jon Robinson can identify applicable defenses and develop strategies to challenge the State’s case.
A jury trial is often advisable because the State must convince a jury of your peers that you are guilty, and this process is never as easy as it seems. You probably have heard of some famous cases where a person from the outset is considered guilty by society, but at the conclusion of the trial, he or she is acquitted.