What Is Considered Drug Paraphernalia in Texas?
How the Law Defines Drug Paraphernalia
Texas law casts a wide net when it comes to drug paraphernalia. Defined in the Texas Health and Safety Code, it encompasses any equipment, product, or material intended for use with illegal drugs.
This includes items specifically designed for drugs like bongs or pipes, but also seemingly everyday objects like scales, baggies, or even certain chemical compounds if law enforcement believes they are meant for illegal drug use. The key factor is intent; if law enforcement can show you planned to use the item with a controlled substance, it can be considered drug paraphernalia.
Texas Controlled Substances Act § 481.002 (17) also includes specific items that are considered drug paraphernalia, such as:
- Kits used for planting or harvesting controlled substances.
- Materials used in manufacturing controlled substances.
- Devices used to increase the potency of controlled substances.
- Equipment used to test the strength or purity of controlled substances.
- Scales or balances used to weigh controlled substances.
- Dilutants or adulterants used to increase the bulk of a controlled substance.
- Containers or objects used to store or conceal controlled substances.
- Syringes or needles used to inject controlled substances.
- Objects used to ingest, inhale, or otherwise introduce specific substances into the body, such as a bong, an ice pipe or chiller, a chillum, an air-driven pipe, a water pipe, a carburetion tube, device, or mask, a chamber pipe, or an electric pipe.
This is not an exhaustive list, and other items may be considered drug paraphernalia. Again, it will depend on the intended use.
Possession or Delivery of Drug Paraphernalia Is a Crime in TX
The knowing or intentional possession or use of drug paraphernalia with the intent to use said item to:
- plant,
- propagate,
- cultivate,
- grow,
- harvest,
- pack,
- repack,
- store,
- control,
- conceal,
- manufacture, compound,
- convert,
- process,
- produce,
- prepare,
- test,
- analyze a controlled substance.
It is also a crime to possess or use drug paraphernalia to ingest, inhale, inject, or introduce a controlled substance to the human body. You can also face criminal charges if you deliver drug paraphernalia to someone, knowing that they intend to use it to commit one of the aforementioned acts.
Penalties for Possessing or Delivering Drug Paraphernalia
Depending on your case specifics, you can face different levels of charges. Delivering drug paraphernalia is considered a Class A misdemeanor, which carries the penalty of up to a year in jail and/or a fine of no more than $4,000. However, if you have a previous conviction of this offense, you can face a minimum jail term of 90 days to a year.
If the person to whom you deliver the paraphernalia to is a minor, the charges can be increased to a state jail felony. A conviction of a state jail felony carries a penalty of a fine of no more than $10,000 and confinement to state jail for 180 days to two years. Possessing drug paraphernalia is a Class C misdemeanor, which is punishable by a fine or no more than $500.
Retain Our Experienced Criminal Defense Counsel
If you or a loved one are facing a drug charge, including possession or delivery of drug paraphernalia, our team is here to help you mount a rigorous defense. Backed by decades of legal experience, you can trust our team with your case. Our attorney is a former prosecutor, which means that our clients benefit from our knowledge of how the state will approach your case.
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