In accordance with Texas Penal Code Section 481.125, it is illegal to knowingly use or possess drug paraphernalia, such as pipes or syringes, with the intent to use it for drug-related activities, including growing, making, storing, or using drugs.

Additionally, it’s against the law to knowingly give, sell, or manufacture drug paraphernalia if you know the person receiving it intends to use it for similar drug-related purposes. If you’re 18 or older and give drug paraphernalia to someone under 18, and they’re at least three years younger than you, it’s also an offense. Depending on the circumstances, these offenses can range from a Class C misdemeanor to a state jail felony, with penalties increasing for repeat offenders.

Drug Paraphernalia Definition

Drug paraphernalia is anything that can be used to store, use, grow, process, manufacture, package, or conceal drugs. The definition can be applied to almost any item used in connection with the illegal possession or distribution of drugs. Examples of items commonly considered to be drug paraphernalia include the following:

• Pipes
• Plastic baggies or other plastic containers
• Grinders
• Capsules
• Syringes
• Rolling papers
• UV lights
• Roach clips
• Balances
• Balloons
• Scales
• Dilutant
• Needles

Note: Many of these are common household items, which means it is very easy for law enforcement to charge you with possession of paraphernalia on top of other drug charges such as possession. For this reason, it is important to work with a skilled drug crimes lawyer who can help ensure you get a fair result.

Possession of Drug Paraphernalia Is a Misdemeanor

Possession of drug paraphernalia is a Class C misdemeanor in Texas and can result in a maximum fine of $500.

Note: Other factors could change the classification of your charge. For example, if you are caught delivering or intending to deliver drug paraphernalia, the charge becomes a Class A misdemeanor, which can carry harsher penalties. In another example, if you give drug paraphernalia to a minor and you’re at least three years older, the charge could escalate to a state jail felony, resulting in even more severe consequences.

Delivery of Drug Paraphernalia

Delivery of drug paraphernalia is a similar crime to possession of drug paraphernalia and is defined as the delivery of drug paraphernalia or the possession or manufacturing with intent to deliver drug paraphernalia. Delivery of drug paraphernalia is a more serious offense than possession of drug paraphernalia. It can be charged as a Class A misdemeanor or a state jail felony.

• Class A misdemeanor paraphernalia delivery carries a possible sentence of up to one year in jail and a fine of up to $4,000.
• State jail felony paraphernalia delivery (delivery to a minor) carries the possibility of jail from 180 days to two years and a fine of up to $10,000.

Speak with a Drug Crimes Lawyer at Barton & Associates, Attorneys At Law, PLLC

If you are facing a drug paraphernalia charge, we can help. Contact us today to speak with one of our attorneys, who is ready to fight for a fair result.