The Texas Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance law gives police the right to arrest you if they believe you possessed or transported certain chemicals in an attempt to unlawfully manufacture a controlled substance.
FAQs about the
Possession or Transport of Certain Chemicals with Intent to Manufacture law in Texas
- What is the current Texas law about Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance?
- How can I be charged with a Possession or Transport of Certain Chemicals with Intent to Manufacture offense in Texas?
- What is the statute of limitation for Possession or Transport of Certain Chemicals with Intent to Manufacture in Texas?
- What is the penalty for a Texas Possession or Transport of Certain Chemicals with Intent to Manufacture offense?
- Can you get probation for Possession or Transport of Certain Chemicals with Intent to Manufacture in Texas?
- What level of crime is Possession or Transport of Certain Chemicals with Intent to Manufacture in Texas?
The Texas legislature codified this criminal offense in Texas Health and Safety Code Section 481.124. The law was not amended in 2023. The legislature most recently amended the law in 2021 by adding Penalty Group 1-B drugs to the list of controlled substances covered under this law.
The Health and Safety Code classifies the Texas Possession or Transport of Certain Chemicals with Intent to Manufacture law under Title 6 “Food, Drugs, Alcohol, and Hazardous Substances,” Chapter 481 “Texas Controlled Substances Act.” Learn more about the Texas offense of Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance below.
What is the current Texas law about Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance?
Texas law currently defines the offense of Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance in Health and Safety Code Section §481.124 as follows:[1]
(a) A person commits an offense if, with intent to unlawfully manufacture a controlled substance, the person possesses or transports:
(1) anhydrous ammonia;
(2) an immediate precursor; or
(3) a chemical precursor or an additional chemical substance named as a precursor by the director under Section 481.077(b)(1).
How can I be charged with a Possession or Transport of Certain Chemicals with Intent to Manufacture offense in Texas?
You can be charged with Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance if the state’s attorneys believe that each of the elements of 481.124 as described in the section above have been met.
What is the statute of limitation for Possession or Transport of Certain Chemicals with Intent to Manufacture in Texas?
Misdemeanor level Possession or Transport of Certain Chemicals with Intent to Manufacture charges have a two-year limitations period.[2] Felony level offenses have a three-year limitations period.[3]
What is the penalty for a Texas Possession or Transport of Certain Chemicals with Intent to Manufacture offense?
The penalty for a conviction for Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance ranges from a Class A misdemeanor to a felony of the second degree, depending on what penalty group the substance is in (if any penalty group at all). The offense is classified according to the following penalty scheme:[4]
(1) a felony of the second degree if the controlled substance is listed in Penalty Group 1, 1-A, or 1-B;
(2) a felony of the third degree if the controlled substance is listed in Penalty Group 2;
(3) a state jail felony if the controlled substance is listed in Penalty Group 3 or 4; or
(4) a Class A misdemeanor if the controlled substance is listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.
Can you get probation for Possession or Transport of Certain Chemicals with Intent to Manufacture in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Possession or Transport of Certain Chemicals with Intent to Manufacture, and judges are also allowed to accept deferred adjudication plea deals.[5]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[6] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[7]
What level of crime is Possession or Transport of Certain Chemicals with Intent to Manufacture in Texas?
The Health and Safety Code classification of the punishment for Possession or Transport of Certain Chemicals with Intent to Manufacture ranges from a Class A misdemeanor to a second degree felony, depending on what penalty group the substance is in.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Health and Safety Code §481.124. This law is current as of 2024.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Health and Safety Code §481.124(d)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^6. Art. 42A.053(c), Texas Code of Criminal Procedure^7. Art. 42A.054(b), Texas Code of Criminal Procedure
