Delivery of Controlled Substance Law and Legal Definition

Delivery of controlled substance is defined as "the actual, constructive or attempted transfer, . . . from one person to another of a controlled substance." The definition of "delivery" includes attempted transfer, and because it is unclear whether his conviction was for attempted transfer, the conviction does not constitute a drug trafficking offense." United States v. Salamanca-Rosas, 2009 U.S. App. LEXIS 18251 (5th Cir. Tex. Aug. 14, 2009)