In Texas, “distribution” is charged as delivery of a controlled substance, and delivery covers more than handing someone drugs. It includes a constructive transfer, like telling someone where to pick up drugs you control, and it includes simply offering to sell, whether or not any drugs ever change hands (Health and Safety Code § 481.002(8)). At most weights, delivery is graded a full degree above possession of the same amount. One to four grams of cocaine, a third-degree felony to possess, is a second-degree felony to deliver. Many delivery cases in Houston come from undercover buys and informants, and those cases have weak spots the State doesn’t advertise.
Call (713) 664-4000. If someone you know was arrested and is now texting you to “get together,” be careful. People facing charges often work off their own case by setting up others.
We defend delivery cases as part of our Houston criminal defense practice, and cases built on an informant get extra scrutiny.
How delivery is graded in Texas
| Drug group | Delivery grading by weight |
|---|---|
| Group 1: cocaine, meth, heroin, oxycodone (§ 481.112) | Under 1 g: state jail felony. 1 to 4 g: second degree. 4 to 200 g: first degree. 200 to 400 g: 10 to 99 years or life. 400 g or more: 15 to 99 years or life |
| Group 1-B: fentanyl (§ 481.1123) | Under 1 g: third degree. 1 to 4 g: second degree. 4 to 200 g: 10 to 99 years or life. 200 to 400 g: 15 to 99 years or life. 400 g or more: 20 to 99 years or life |
| Group 2: MDMA, mushrooms, THC concentrates (§ 481.113) | Under 1 g: state jail felony. 1 to 4 g: second degree. 4 to 400 g: first degree. 400 g or more: 10 to 99 years or life |
| Groups 3 and 4: Xanax, codeine compounds (§ 481.114) | Under 28 g: state jail felony. 28 to 200 g: second degree. 200 to 400 g: first degree. 400 g or more: 10 to 99 years or life |
| Marijuana (§ 481.120) | A quarter ounce or less for free: Class B. For pay: Class A. Up to 5 lb: state jail felony. Up to 50 lb: second degree. Up to 2,000 lb: first degree. More: 10 to 99 years or life |
Several things push a delivery case higher. Delivering to anyone under 18, or to a kid enrolled in elementary, middle or high school, is a second-degree felony no matter the amount (§ 481.122). There’s a defense if the person charged was a minor too, or was under 21 and gave away a quarter ounce of marijuana or less without being paid. Using a child under 18 to help raises anything below a first-degree charge by a level (§ 481.140). A delivery within 1,000 feet of a school or playground is bumped up (§ 481.134). Since September 2025, arranging the deal over social media, like Snapchat or Instagram, also bumps the punishment up a level (§ 481.142). If someone dies or is seriously hurt from the drugs, a state jail, third-degree or second-degree delivery goes up a degree (§ 481.141). A fentanyl death can be charged as murder instead (Penal Code § 19.02(b)(4)), though not both for the same deal. Larger cases and federal distribution charges are covered on our drug trafficking page.
How we defend delivery charges
The offer. When the charge is based only on an offer to sell, Texas law requires corroboration. The offer has to be backed up by someone other than the person it was made to, or by evidence other than that person’s own statement (§ 481.182). If the offer was supposedly made to an undercover officer, his word about the conversation isn’t enough on its own. The State needs another witness, a recording or some other evidence.
The informant. Many delivery cases start with a confidential informant who is working off a case or getting paid. The State can usually keep an informant’s identity secret, but not when the informant can give testimony that’s necessary to a fair decision on guilt, such as when the informant was the only other person present for the deal (Texas Rule of Evidence 508). We push for that disclosure, because informants have reasons to shade the truth and the State often doesn’t want them on the stand.
The recording and the buy money. A well-run controlled buy is recorded and the buy money documented. When the audio is garbled, the camera missed the hand-off, the informant wasn’t searched before and after, or the buy money never turned up, reasonable doubt starts there.
Entrapment. Offering a chance to sell isn’t entrapment. Persuasion that would get a law-abiding person to go along can be (Penal Code § 8.06), and the judge can decide it before trial.
Possession with intent. When there was no sale, the State tries to prove intent to deliver with packaging, scales, cash and texts. Knock out intent and a possession with intent charge drops to simple possession, which is a full degree lower at most weights. And for marijuana there’s no possession with intent charge at all. Without proof of a sale or an offer to sell, it’s a possession case. See our drug possession page.
Results
A Harris County charge of possession with intent to deliver more than 400 grams of cocaine (46 kilos) was dismissed. See more of our case results. Prior results do not guarantee a similar outcome.
Charged with drug delivery in Houston? Call Blass Law
Jay Blass Cohen has defended drug cases in Houston since 2009 and has never worked for the prosecution. We’ll get the recording and push for everything the State has on its informant before we talk to you about any offer. For every other drug charge, see our Houston drug charges page.
Call (713) 664-4000. If you were arrested this week, call now.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC, ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.