Intent to deliver raises the case one felony level. Possession of one to four grams of cocaine is a third-degree felony; charged as intent to deliver, it becomes second-degree.
Intent to deliver generally comes into play once the amount found crosses from a personal-use quantity into something larger, such as the four-to-two-hundred-gram range. It can also come from other evidence the state characterizes as distribution: a scale, small baggies, a ledger of names and amounts.
What it does is raise the case one felony level. Possession of one to four grams of cocaine is a third-degree felony. Charged as possession with intent to deliver the same one to four grams, it becomes a second-degree felony.
In practice, intent to deliver comes up far more often than actual manufacturing. A genuine lab or manufacturing case is rare by comparison. Barrera Defense examines whether the state's evidence actually supports intent, or whether it supports simple possession.
Citation: Texas Health & Safety Code §481.112 (Penalty Group 1), with parallel sections for other groups such as §481.113 for Penalty Group 2 and 2-A
Degree and classification: State jail felony under one gram in Penalty Group 1, up to an enhanced first-degree felony at 400 grams or more, with the degree escalating faster than for simple possession at the same weight.
Statutory language: A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1.