Does Texas Have Any Laws Regarding Drug Paraphernalia?

Yes. Possession of drug paraphernalia is a Class C misdemeanor, which is punishable by up to a $500 fine (no jail time).

Texas defines drug paraphernalia as any “equipment, product, or material that is used or intended to be used for the purpose of planting, cultivating, manufacturing, producing, processing, testing, packaging, storing, or concealing a controlled substance.”

Examples of drug paraphernalia include: scales, small plastic baggies, bongs, needles, mesh filters, cigarette rolling papers, grinders, and spoons.

Notice that some of these items aren’t illegal to possess by themselves. To be charged with possession of drug paraphernalia for an everyday item, the state is going to have to prove that you used it in connection with drugs. For example, crack residue on a spoon or small marijuana stems inside a plastic bag.

Texas also has a charge of “possession of drug paraphernalia with intent to deliver,” which is a Class A misdemeanor that carries a punishment of up to a year in jail and a $4,000 fine. If it’s alleged that you intended to deliver the paraphernalia to a minor at least three years younger than you, it’s enhanced to a state jail felony, punishable by between 180 days and 2 years in state jail and a $10,000 fine.

However, I’ve never seen a possession of drug paraphernalia with intent to deliver charge. And it’s not common for me to be contacted by clients charged in Harris County with just possession of drug paraphernalia. That’s because the Harris County DA’s Office has a policy of taking only the highest charges out of any arrest. It’s rare for the police to find drug paraphernalia and not drugs too. In those cases, you’re just going to be charged with possession of controlled substance.

That said, there are counties in Texas (such as Galveston County and Montgomery County) where the police will arrest you for possession of a controlled substance and write you a ticket for possession of drug paraphernalia too.

For more information on Drug Paraphernalia Laws In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 936-4521 today.

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