What is the penalty for knowingly manufacturing or delivering a controlled substance listed in Penalty Group 1 if the amount is less than 1g?

The penalty for knowingly manufacturing or delivering a controlled substance listed in Penalty Group 1, when the amount is less than 1 gram, is classified as a state jail felony. In Texas law, controlled substances are grouped into different penalty categories based on their potential for abuse and harm.

Penalty Group 1 includes substances such as cocaine and heroin, which are considered to have a high potential for abuse. When the amount is less than 1 gram, the law specifically designates this offense as a state jail felony rather than a higher felony class or an infraction. This classification carries a significant consequence, typically resulting in a sentence of 180 days to 2 years in a state jail facility.

The classification as a state jail felony is important because it reflects the legal system's response to the gravity of the offense while also recognizing that possession of smaller amounts may not warrant the harsher penalties associated with higher felony levels. This nuanced approach allows for a range of penalties that can address the behavior without imposing excessive punishment for lower quantities, reflecting a balance between law enforcement and rehabilitation.