According to THSC, what is the penalty for the manufacture or delivery of a substance in penalty group 3 or 4 if it is less than 28 grams?

The penalty for the manufacture or delivery of a substance classified in penalty groups 3 or 4, when the amount is less than 28 grams, is indeed a State Jail Felony. This classification is established by the Texas Health and Safety Code (THSC), which outlines the legal ramifications for different types and quantities of controlled substances.

For substances in these groups, the law recognizes that smaller quantities do not warrant the highest level of penalties. Thus, for amounts under 28 grams in penalty groups 3 or 4, the legal system typically assigns a State Jail Felony, which is considered less severe compared to felonies of a higher degree such as first degree or second degree felonies.

This reinforces the principle that the Texas statutes aim to proportionalize punishment based on the specific circumstances of the offense, including the type and weight of the controlled substance involved. As a result, a State Jail Felony for this offense reflects both a structured approach to drug-related crimes and a focus on rehabilitation rather than solely punitive measures.