San Antonio Drug Manufacturing & Delivery Defense Lawyers – Fighting Serious Felony Charges

The Extreme Severity of Manufacturing and Delivery Charges in Texas

Facing charges for the manufacturing or delivery of a controlled substance in Texas is one of the most serious legal situations imaginable. These are not simple possession charges; they are aggravated felonies that Texas law treats as engaging in the drug trade. The state’s prosecution is relentless, driven by the “War on Drugs” mentality, and the penalties are designed to incapacitate you for decades. At Barton & Associates, our experienced criminal defense attorneys understand the gravity of these allegations. Whether you are accused of cultivating marijuana, synthesizing a controlled substance, selling pills, or simply being in the wrong place at the wrong time, the state will label you a “drug dealer” and seek maximum punishment. Your freedom, your future, and your very life are on the line. These charges carry mandatory minimum prison sentences, staggering fines, and a permanent felony record that will follow you forever. From the moment of arrest, you are in a fight for survival, and securing a strategic, aggressive defense is your only hope.

Understanding the Charges: Manufacturing vs. Delivery Under Texas Law

Texas Health and Safety Code, specifically Chapter 481, defines the offenses of Manufacturing and Delivery of a Controlled Substance. These are distinct but often related charges with devastating consequences.

Manufacturing of a Controlled Substance

This involves the production, preparation, propagation, compounding, conversion, or processing of a controlled substance. It includes not only large-scale lab operations but also actions like:

• Growing marijuana plants.
• “Cooking” or synthesizing methamphetamine, MDMA, or other drugs.
• Creating counterfeit prescription pills.
• Even possessing certain chemicals and equipment with intent to manufacture (known as “possession of precursor chemicals”).

Delivery of a Controlled Substance

This is broadly defined as the actual or constructive transfer of a controlled substance to another person. “Delivery” includes:

• Selling drugs for money or other consideration.
• Giving drugs away as a gift.
• Offering to sell drugs (even if no transaction occurs).
• Arranging a drug transaction between two other parties.

Critical Legal Distinction: “Delivery” does not require an exchange of money. The simple act of handing a joint to a friend at a party can be charged as delivery, a felony.

How Texas Classifies Drugs and Determines Penalty Severity

The penalties for manufacturing and delivery are determined by the Penalty Group of the drug involved and the weight or quantity seized. Texas classifies controlled substances into Penalty Groups 1, 1-A, 2, 2-A, 3, 4, and Marijuana, with Group 1 containing the most severely punished drugs (like cocaine, heroin, methamphetamine, and opioids like fentanyl).

The penalty structure operates on a escalating scale: the more dangerous the drug group and the larger the quantity, the more severe the felony charge. For example, manufacturing or delivering less than 1 gram of a Penalty Group 1 substance is a state jail felony. However, 400 grams or more of the same substance is a first-degree felony with a potential life sentence.

Here are the severe penalty ranges for Penalty Group 1 substances, which include cocaine, heroin, methamphetamine, and opioids:

• Less than 1 gram: State Jail Felony. 180 days to 2 years in state jail + up to $10,000 fine
• 1 gram or more but less than 4 grams: Second-Degree Felony, 2 to 20 years in prison + up to $10,000 fine
• 4 grams or more but less than 200 grams: First-Degree Felony, 5 to 99 years or life in prison + up to $10,000 fine
• 200 grams or more but less than 400 grams: Enhanced First-Degree Felony, 10 to 99 years or life in prison + up to $100,000 fine
• 400 grams or more: Enhanced First-Degree Felony, 15 to 99 years or life in prison + up to $250,000 fine

Additional Enhancement Factors:

• Drug-Free Zones: Manufacturing or delivering within 1,000 feet of a school, playground, youth center, or video arcade adds a minimum of 5 years to your sentence and increases the felony level by one degree.
• Using a Child to Commit the Offense: Involving a minor automatically makes the offense a first-degree felony.

The Life-Altering Consequences of a Conviction

Beyond the staggering prison sentences, a conviction triggers a cascade of lifelong penalties—a “civil death.”

Collateral Consequences:

• Permanent Drug Felony Record: This will appear on every background check for employment, housing, professional licensing, and student loans.
• Loss of Federal Benefits: You become ineligible for federal student aid (FAFSA), housing assistance (Section 8), and food stamps (SNAP).
• Loss of Professional Licenses: Careers in law, medicine, nursing, teaching, real estate, and any state-licensed field are permanently closed.
• Loss of Fundamental Rights: You lose the right to vote (while incarcerated/on parole), serve on a jury, and own firearms.
• Immigration Catastrophe: For non-citizens, a drug trafficking conviction is an “aggravated felony” triggering mandatory, permanent deportation with no chance of relief.
• Asset Forfeiture: The state can seize and keep any property connected to the alleged offense—your car, cash, home, and bank accounts.

Proven Defense Strategies for Manufacturing and Delivery Charges

At Barton & Associates, we wage a total defense, attacking the state’s case at every conceivable point. These cases are often built on circumstantial evidence, confidential informants, and surveillance—all of which are vulnerable to challenge.

1. Challenging the Legality of the Search and Seizure

The Fourth Amendment is your first line of defense. We file aggressive motions to suppress evidence, arguing:

• The police lacked probable cause for the search warrant.
• The warrant was facially defective or based on false information from an informant.
• The police conducted a warrantless search without a valid exception.
• If the search was illegal, the drugs, scales, cash, and all other evidence can be thrown out, often forcing the state to dismiss the case.

2. Attacking the Evidence Chain of Custody and Lab Analysis

The state must prove the substance is exactly what they say it is. We challenge:

• Break in Chain of Custody: Who handled the evidence from seizure to lab to courtroom? Gaps can lead to contamination or tampering claims.
• Lab Errors: We hire independent chemists to review the lab’s methodology and results. Cross-contamination, faulty equipment, and human error are not uncommon.

3. Entrapment Defense

If a confidential informant or undercover officer pressured, coerced, or induced you to commit a crime you were not predisposed to commit, we assert an entrapment defense.

4. Lack of Knowledge or Possession

For delivery, we argue you had no knowledge of the drugs or no intent to transfer them. For manufacturing, we argue you were unaware of the lab or its purpose, or that you were merely present, not a participant.

5. Negotiating for a Reduced Charge or Sentencing Agreement

Given the extreme mandatory minimums, a key strategy is to negotiate a reduction to simple possession or, in rare cases, secure a “safety valve” departure from mandatory sentencing by providing substantial assistance.

The Critical Importance of Immediate Action

From the moment of arrest, federal and state asset forfeiture proceedings can begin to seize your property. Your defense must begin just as fast.

1. INVOKE YOUR RIGHT TO REMAIN SILENT. Do not speak to police, cellmates, or anyone about your case. Anything you say will be used to establish your knowledge and intent. State clearly: “I am invoking my Fifth Amendment right to remain silent. I want an attorney.”
2. DO NOT CONSENT TO ANY SEARCHES. Do not give permission to search your home, car, or phone without a warrant.
3. CONTACT A DRUG CRIMES DEFENSE ATTORNEY IMMEDIATELY. Do not speak to a public defender at your first appearance without your retained counsel present. You need a specialist from Barton & Associates to intervene immediately to protect your assets and begin the defense investigation.

Why Barton & Associates is Your Essential Defense Team

Facing drug manufacturing or delivery charges means battling the state’s immense resources and political will. You need a firm that is unafraid, equipped, and experienced.

• Former Narcotics Prosecutors: Our attorneys have prosecuted these exact cases. We know the tactics of the Drug Enforcement Administration (DEA), Texas DPS, and local narcotics task forces.
• Resources for a Scientific Defense: We have the financial stability to hire top chemists, forensic accountants, and private investigators to deconstruct the state’s case.
• Trial-Ready and Unafraid: We prepare every case for trial. This readiness gives us the leverage to secure better plea agreements and the skill to win at trial when the state’s case is weak.
• 24/7 Crisis Response: We understand these arrests often happen in raids during early morning hours. We are available to respond and protect your rights from the very first moment.

Your Life Is On The Line. Do Not Wait.

A manufacturing or delivery charge is a legal catastrophe with mandatory decades in prison. The state will seek to imprison you for as long as possible. Hoping for the best or relying on an overburdened public defender is a guarantee of a life sentence.

You have one chance to build the right defense. It starts now.

Contact Barton & Associates immediately at 210-500-0000 for a confidential and urgent case evaluation. We will take immediate, decisive action to protect your rights, your assets, and begin the fight to save your freedom.

Main Category: Criminal Defense
Practice Area Category: Drug Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000