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Penalties for Possessing Drug Paraphernalia in Texas

Residents of Texas are generally aware that it’s illegal to drink and drive. They also know that it’s against the law to possess illegal drugs, such as marijuana, cocaine, heroin, and crystal meth. What some people don’t realize is that in Texas, it’s also illegal to possess drug paraphernalia. In other words, being caught with drug paraphernalia can land someone in jail, incur fines and lead to a criminal record.

Under Section 481.125(a) of the Health and Safety Code, also known as the Texas Controlled Substances Act, Possession or Delivery of Drug Paraphernalia, it’s illegal to possess drug paraphernalia for a number of illegal drug-related purposes, including but not limited to:

  • Growing
  • Cultivating
  • Harvesting
  • Consuming
  • Producing
  • Converting
  • Preparing
  • Processing
  • Testing
  • Packing
  • Manufacturing
  • Injecting, inhaling, or introducing into the human body

The offense of possessing or delivering drug paraphernalia is prosecuted as a state jail felony, a Class A or C misdemeanor depending on the facts of the case. For example, the offense is a state jail felony when the offender is 18 or older and they deliver the drug paraphernalia to someone who is at least three years younger than the offender.

The offense of knowingly and intentionally “delivering” drug paraphernalia or possessing drug paraphernalia with the intent to deliver it to someone who will harvest, cultivate, produce, or consume drugs is a Class A misdemeanor offense.

If someone merely possesses drug paraphernalia, especially for the purpose of consumption, harvesting, manufacturing, preparing or packing drugs, it is classified as a Class C misdemeanor.

What are the penalties involved?

  • A state jail felony is punishable by up to two years in jail and by a fine not to exceed $10,000.
  • A Class A misdemeanor is punishable by up to one year in jail and by a fine not to exceed $4,000.
  • A Class C misdemeanor is punishable by a $500 fine.

Accused of possessing or delivering drug paraphernalia? Contact our firm at once to meet with a Plano drug possession lawyer.