(512) 476-4626

Possession of Drug Paraphernalia in Texas

Although it may seem like a minor offense when compared to crimes like assault and DWI, a conviction for possession of drug paraphernalia in Texas can have serious long term consequences. Nobody wants to have to explain a conviction for possession of drug paraphernalia to a potential employer or graduate school.

Ticket for Drug Paraphernalia

If you have received a ticket for possession of drug paraphernalia in Texas, don’t make the mistake of pleading guilty and paying the fine. Most people do not realize that pleading guilty to a ticket for drug paraphernalia and paying the fine can result in conviction and a permanent criminal record. A conviction for possession of drug paraphernalia can lead to the suspension of your Texas Driver’s License and can make you ineligible to receive student loans.

Possession of drug paraphernalia is a misdemeanor crime in Texas and is found under Texas Health and Safety Code Section 481.125.

Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA.

(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.

(d) An offense under Subsection (a) is a Class C misdemeanor.

(e) An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days.

(f) An offense under Subsection (c) is a state jail felony.

Drug Paraphernalia Lawyer in Austin

If you are confused or unsure how to proceed, please contact Austin Drug Paraphernalia Lawyer Kevin Bennett at (512) 476-4626. Kevin Bennett can fight your drug paraphernalia charge to help prevent a permanent conviction to your criminal record. You may also contact us through email.

Leave a Reply

Your email address will not be published. Required fields are marked *

The Law Office of Kevin Bennett