Possession of Drug Paraphernalia
The crime of possession doesn’t only extend to controlled substances under Texas law. Possessing drug paraphernalia such as pipes, roach clips or syringes can also lead to criminal charges. Additionally, the statute is quite broad so the term paraphernalia can apply to a variety of materials. Even ones that weren’t originally designed for drug use such as plastic baggies.
Normally, a person is charged with possession of drug paraphernalia in conjunction with other controlled substance charges. It’s usually tacked on after finding a large quantity of drugs in a person’s home. Although it carries lighter penalties than drug possession, a conviction for possession of drug paraphernalia can significantly impact your life.
Houston Attorney for Drug Paraphernalia Possession in Texas
If you or someone you know has been charged with possession of drug paraphernalia, then we urge you to contact The Benken Law Firm. Brian Benken at The Benken Law Firm has aggressively defended hundreds of people from various drug charges including paraphernalia. He can build a sturdy defense for you using his extensive knowledge, resources and passion for defense.
The Benken Law Firm represents those with allegations of possessing drug paraphernalia throughout the Harris County and Houston area including The Heights, Downtown Houston, Woodland Heights, Southside Place and Braeswood Place.
Overview of Possession of Drug Paraphernalia in Texas
- What Does Texas Classify as Drug Paraphernalia?
- What Are the Penalties for Drug Paraphernalia?
- Additional Resources
What Does Texas Classify as Drug Paraphernalia?
In Texas it’s illegal to own, deliver, or use drug paraphernalia in any way. The term “drug paraphernalia” is defined under the Texas Health and Safety Code Section 481002(17) as any equipment, product or material used to package, plant, cultivate, manufacture, produce, package, store or conceal a controlled substance.
It’s clear that the statute defining drug paraphernalia is quite broad. This means objects that weren’t intentionally created to be paraphernalia can still be classified as such if there is enough reason to believe so. Some examples of objects that are classified as drug paraphernalia under Texas law include:
- Ziploc Baggies
- Mixing devices
- Plastic containers
- Roach clips
- Rolling papers
What Are the Penalties for Drug Paraphernalia in Texas?
It’s illegal to use, possess, or deliver drug paraphernalia in the state of Texas. The lightest sentence a person can receive for possession of drug paraphernalia is a class C misdemeanor, which is punishable by a fine of up to $500.
Delivering drug paraphernalia will lead to enhanced penalties. If you deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, then your crime will be reclassified to a class A misdemeanor. The penalties for a class A misdemeanor include the following:
- Up to 12 months in county jail; and
- Possible fine of up to $4,000.
If the drug paraphernalia is delivered to a minor, then the crime can be enhanced even further. You will instead face a state jail felony, which is punishable by:
- 180 days to 24 years in state jail; and
- Possible fine of up to $10,000.
Texas Drug Paraphernalia Laws – Visit the official website for the Texas Health and Safety Code. Find more information detailing drug paraphernalia and other types of drug offenses in Texas. Learn the charge specifics, penalties, and possible admissible defenses in court.
Drug Paraphernalia Q&A – Visit the official website for the Get Smart About Drugs, a DEA resource for parents, educators, and caregivers. Find more information on answers surrounding frequently asked questions about drug paraphernalia.
Drug Paraphernalia Houston Attorney in Texas
If you or someone you know has been charged with possession of drug paraphernalia, it’s imperative you seek legal counsel with The Benken Law Firm. Brian Benken has over 30 years of practice under his belt. He can utilize his extensive knowledge, resources and skills to fight your charges.
Get in touch with him as soon as possible by calling (713) 223 - 4051. We will set up your first case review free of charge and discuss your charges in further detail. The Benken Law Firm accepts clients throughout the greater Harris County and Houston area as well as all parts of Texas.