For many people, getting arrested and charged with possession of drug paraphernalia in Texas amounts to being discovered in the wrong place at the wrong time. Even when a person does not have any drugs or has never used any drugs, possessing the wrong materials can result in their arrest. The police or prosecutors may label everyday objects as “drug paraphernalia” —even chemistry equipment, plastic baggies, and baking or gardening supplies.
When the prosecutor lacks a solid case, they often attempt to convince the accused to plead guilty in exchange for a lesser sentence. But before you plead guilty to a misdemeanor possession charge for paraphernalia or a controlled substance, reach out to Texas criminal lawyer Jason S. English to fight for your rights, avoid jail, and prevent a drug conviction from showing on your record.
Texas Drug Paraphernalia Possession
Per Texas Health and Safety Code § 481.125, it is illegal to knowingly or intentionally use or possess drug paraphernalia to engage in the following activities with a controlled substance:
- Plant
- Propagate
- Cultivate
- Grow
- Harvest
- Manufacture
- Compound
- Convert
- Produce
- Process
- Prepare
- Test
- Analyze
- Pack
- Repack
- Store
- Contain
- Conceal
Understand that drug paraphernalia also includes items and objects a person employs to consume or use drugs, including injecting, ingesting, inhaling, or otherwise introducing a controlled substance into their body.
Defining Drug Paraphernalia
How broad is the definition of drug paraphernalia? It is so vast that it could include many household items most Texans keep in or around the house, such as items and products you use for baking, cooking, gardening, or medical care. Read some examples of drug paraphernalia below:
- Baking scales
- Glass pipes
- Spoons
- Bongs
- Indoor grow lights
- Hydroponic or aquaponic systems
- Purity testing equipment
- Baggies or capsules
- Hidden compartments in furniture
- Ceramic or metal pipes
- Vials
- Rags
- Balloons
- Needles
- Cigars
- Rolling papers
What Are The Penalties For Drug Paraphernalia In Texas?
Possession of drug paraphernalia is a Class C Misdemeanor in Texas. In general, a Class C misdemeanor conviction will not involve any jail time, but it could include a fine of up to $500. However, a criminal record could still make things more difficult for an individual in the future, even for a minor misdemeanor offense. A criminal conviction is usually part of the public record, which means that anyone who decides to search your criminal history can discover a drug-related conviction.
Selling Or Delivering Paraphernalia In Texas
In Texas, the penalties for the delivery or manufacture of drug paraphernalia are harsher. Delivery of drug paraphernalia is a Class A Misdemeanor. If you're convicted of a Class A Misdemeanor, you could spend up to one year in county jail and pay a fine of up to $4,000.
If an adult delivers drug paraphernalia to a minor under 18 and at least three years younger than the defendant, it is a state jail felony.
Related Drug Possession Charges
Do not think the State will only charge you with possession if you possess a pipe, bong, or other paraphernalia. A small amount of drugs on or in the paraphernalia could also lead to related drug possession charges.
Austin Criminal Defense Attorney
As someone who prosecuted cases for over 15 years, Jason S. English understands the strategies prosecutors employ in drug cases to coerce the accused into pleading guilty. Before you plead guilty to any crime, understand your rights and explore your options for fighting the criminal charges.
Have you been accused of a drug crime in Texas? It is crucial to consult with a criminal defense attorney right away. Contact Austin criminal defense lawyer Jason S. English online or call (512) 454-7548. Drawing upon his many years of experience prosecuting criminal cases, Jason S. English has the knowledge, skills, and experience you need to fight for your constitutional rights.
