The Manufacture, Delivery, or Possession of Miscellaneous Substances crime in the state of Texas gives police the right to arrest you if they believe you manufactured, delivered, or possessed a substance listed by the Commissioner of State Health Services but not already included in a penalty group.

The Texas Commissioner regularly posts update to this list, and you can find the any recent updates on its website here. In addition, you can Texas Drug Schedule.

Manufacture, Delivery, or Possession of Miscellaneous Substances is classified in the Texas Health And Safety Code under Title 6 “Food, Drugs, Alcohol, And Hazardous Substances,” Chapter 481 “Texas Controlled Substances Act.” Learn more detailed information about the Manufacture, Delivery, or Possession of Miscellaneous Substances offense below.

What is the current Texas law about Manufacture, Delivery, or Possession of Miscellaneous Substances?

The current Texas law is as follows:^[1]

(a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.

(b) A person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.

How can I be charged with Manufacture, Delivery, or Possession of Miscellaneous Substances?

You can be charged with Manufacture, Delivery, or Possession of Miscellaneous Substances if the state’s attorneys believe that each of the elements of 481.119(a) as described in the section above have been met. How are you supposed to know whether you have a drug listed on this schedule? That’s a harder question to answer because usually it requires a laboratory to analyze the chemical substance in order to know what it is. But for purposes of this law. you can be charged with this offense even if you did not know it was an illegal “Miscellaneous Substance.”

What is the punishment for Manufacture, Delivery, or Possession of Miscellaneous Substances?

A conviction for Manufacture, Delivery, or Possession of Miscellaneous Substances under subsection (a) (manufacturing, delivery or “possession with intent”) is punished as a Class A misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year, unless one of the two exceptions also described in subsection (a)) applies:

• If you have been previously convicted of this offense, then a conviction for Manufacture, Delivery, or Possession of Miscellaneous Substances is punished as a State Jail Felony, with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years.
• If you have been previously convicted of this offense two or more times, then a conviction for Manufacture, Delivery, or Possession of Miscellaneous Substances is punished as a Felony of the Third Degree, with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

A conviction for Manufacture, Delivery, or Possession of Miscellaneous Substances under subsection (b) (“simple possession”) is punished as a Class B misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors

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Legal References:
^1. Texas Health & Safety Code §481.119. You can be charged under subsection (a) for manufacture /delivery or under subsection (b) for simple possession. The penalty for simple possession is not as severe..

^2. Texas Health And Safety Code §481.119(a)

^3. Texas Health And Safety Code §481.119(b)