What must be proven for "manufacturing a controlled substance"?

To establish the offense of manufacturing a controlled substance, it is essential to prove the intent to deliver a substance. This means that the accused not only must have been involved in the actual production of the controlled substance, but also must have had the purpose of distributing it. The Texas Penal Code outlines that manufacturing involves the creation, preparation, or processing of a substance intended for sale or distribution, indicating the necessity of an intent to deliver.

Possessing chemicals without a license or merely having tools related to manufacturing is not sufficient on their own; intent to distribute plays a critical role in differentiating between merely possessing a controlled substance and actively engaging in the production for sale or distribution. Additionally, knowledge of the legality of the substance relates to the awareness of laws governing the substance and its misuse, but it does not substitute the necessity of intent to deliver in the context of manufacturing charges. Thus, the core component that must be proven in cases of manufacturing a controlled substance is the intent to deliver that substance.