The state of Texas still considers drug-related crimes to be quite serious, and these crimes carry severe penalties if convicted. Under Texas law, it is illegal to possess or have control of items that can be used for the consumption or manufacture of drugs. This means that the penalties even extend to those found only with paraphernalia and not the drugs themselves.
With this in mind, it is important to know the definitions and penalties that the state of Texas may impose if you are convicted. Understanding the laws and the consequences should give you a more developed understanding of what to expect, which in turn should allow you to approach the situation more effectively, giving you a better chance to defend yourself if the need arises.
Texas Health and Safety Code §481.125 states that a person can be charged with possession of drug paraphernalia if they knowingly and intentionally possess an item that is used to do any of the following:
• Plant, cultivate, grow, harvest, manufacture;
• Compose, convert, produce, pack, store, contain;
• Inject, ingest, inhale, introduce into the body; Prayed
• Concealing a controlled substance or drug.
As for penalties, a conviction for possession of drug paraphernalia will result in a Class C misdemeanor, which carries a presumed fine of up to $500. Although, in many situations, the charges are likely to be more serious if drugs or controlled substances are found with the paraphernalia.
There is also a separate charge for “delivery of drug paraphernalia” that can be found in Texas Health and Safety Code §481.125(b), which states that a person willfully and knowingly delivers, possesses, or manufactures with the intent to delivering drug paraphernalia will be charged with a Class A misdemeanor. This comes with a presumed sentence of up to one year in jail and/or a fine of up to $4000.
If the person has been convicted of a prior drug paraphernalia delivery offense, they may receive a mandatory jail sentence of 90 days to one year in jail. If the delivery person is under the age of 18, the individual may be convicted of a felony in state jail, which is punishable by 180 days to two years in jail and/or a fine or up to $10,000 (§481.125 c).
Regarding some of the most common types of drug paraphernalia found in the state of Texas, some of the most common are:
• Glass pipes
• hookahs
• Syringes
• scales
• Vials
• Plastic bags
The state of Texas differentiates between “classifications” or drug paraphernalia, with the separation depending on “user-specific” products (pipes, bongs) and “dealer-specific” products (scales, plastic bags). This may affect the possible penalties you will face.
As for the process, if you find yourself in this unfortunate situation, the officers will charge you with the crime and may arrest you depending on the circumstances. At this point, you have the right to speak with a criminal defense attorney, which may be in your best interest. During your initial hearing, you will be informed of the charges and asked how you would like to proceed. The decision to plead guilty, no contest, or not guilty must be considered depending on the situation in which you find yourself.
