Is Possession of Drug Paraphernalia a Criminal Offense in Texas?

 Posted on December 07, 2020 in Drug Charges

Drug use is common in the United States, and there are a variety of drug charges that a person may face if police officers suspect that they have used illegal substances. In many cases, drug possession charges will apply if a person is found to have controlled substances on their person or in their home or vehicle. Those who are found in possession of large amounts of drugs or who are suspected of engaging in the sale of drugs to others may face more serious charges of drug delivery, distribution, or trafficking. However, drug charges may also apply in some situations where a person was not actually in possession of drugs, but instead possessed or sold items related to the use or delivery of illegal substances.

Texas Drug Paraphernalia Charges

Drug paraphernalia may include any items or equipment involved in using, manufacturing, or distributing illegal drugs. Examples may include:

• Pipes and other devices used to smoke marijuana

• Glass or metal pipes used to smoke crack cocaine

• Syringes and other equipment used to prepare and inject heroin or other similar drugs

• Freebasing equipment

• Equipment or chemicals used to manufacture methamphetamines

• Products such as UV lights that are used to grow marijuana plants

• Scales used to weigh and measure drugs

• Packaging products such as small plastic baggies

In Texas, a person may be charged with possession of drug paraphernalia if they knowingly own, use, or possess with the intent to use these types of products or any other items that may be used to ingest, inhale, inject, manufacture, process, store, package, or conceal controlled substances. This is a Class C misdemeanor, and a conviction can result in a $500 fine.

Delivery of drug paraphernalia is a more serious offense, and it may be charged if a person provides these types of items to someone else or possesses or manufactures them with the intent to deliver them to another person. This is a Class A misdemeanor, and a conviction can result in a jail sentence of up to one year and a maximum fine of $4,000. Delivery of drug paraphernalia to a person under the age of 18 is a state jail felony, which can result in a sentence of 180 days to two years in a state prison, as well as a maximum fine of $10,000.

While possession of drug paraphernalia may seem like a fairly minor charge, it can also lead to more serious drug charges. Depending on the circumstances of a case, law enforcement officials may believe that certain types of paraphernalia indicate that a person has engaged in drug delivery or drug trafficking, and possession of items that are often involved in packaging, distributing, or selling drugs may be used as evidence when pursuing drug delivery charges.

Contact Our McKinney Drug Crime Defense Attorneys

If you have been charged with offenses related to drug paraphernalia, or if you are facing accusations of other drug crimes, the attorneys of the Law Offices of Biederman & Burleson P.L.L.C. can provide you with legal representation. We will review the evidence in your case and help you determine the defense strategy that will allow you to minimize your potential consequences. Contact our Prosper drug charges defense lawyers today at 469-333-3333 to set up a free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm