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Possession or Delivery of Drug Paraphernalia

The Possession or Delivery of Drug Paraphernalia crime in the state of Texas gives police the right to arrest you if they believe you use, deliver, or manufacture drug paraphernalia. This includes everything from pipes to propagation products. Learn more detailed information about the Possession or Delivery of Drug Paraphernalia offense below.

The drug paraphernalia charge is a common type of municipal court ticket. If you received a citation for possession of drug paraphernalia, you will have to answer the citation in a municipal court or a JP court. However, the paraphernalia charge can be more severe depending on the particular circumstances.

Have you been charged with Possession or Delivery of Drug Paraphernalia? Call criminal lawyer Paul Saputo at (888) 239-9305.

Possession or Delivery of Drug Paraphernalia is classified in the Texas Health And Safety Code under Title 6 “Food, Drugs, Alcohol, And Hazardous Substances”, Chapter 481 “Texas Controlled Substances Act.”

What is the law in Texas about Possession or Delivery of Drug Paraphernalia?

The offense is described in Section 481.125 of the Texas Health And Safety Code.

(a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

(b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

(c) A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor.

How can I be charged with Possession or Delivery of Drug Paraphernalia?

You can be charged with Possession or Delivery of Drug Paraphernalia if the state’s attorneys believe that each of the elements of subsection (a) or (b) or (c) as described in the section above have been met.

What is the punishment for Possession or Delivery of Drug Paraphernalia?

If the offense falls under subsection (a), then a conviction for Possession or Delivery of Drug Paraphernalia is punished as a Class C misdemeanor,1 with a maximum possible fine under Texas state law of up to $500.

If the offense falls under subsection (b), then a conviction for Possession or Delivery of Drug Paraphernalia is punished as a Class A misdemeanor,2 with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to a year in jail unless it is shown in trial that you have been previously convicted of this offense under subsection (b), or (c) then your jail time would be no more than a year, but no less than 90 days.

If the offense falls under subsection (c) then a conviction for Possession or Delivery of Drug Paraphernalia is punished as a State Jail Felony,3 with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years. Learn about the differences between grades of felonies and misdemeanors


Legal References:

1 Texas Health And Safety Code Section 481.125(d)

2 Texas Health And Safety Code Section 481.125(e)

3 Texas Health And Safety Code Section 481.125(f)

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