Possession of drug paraphernalia is a crime in the state of Texas. The criminal classification of the offense ranges from Class C Misdemeanor up to State Jail Felony at a maximum.
If law enforcement officers detain an individual whom they believe to be in possession of devices with an agency relationship to a controlled substance, they can be arrested and charged with either possession of drug paraphernalia or possession of drug paraphernalia with intent to deliver. Depending on the circumstances of the incident, the offense could be as a minor as a Class C Misdemeanor ticket and as serious as a two-year state jail sentence.
If you’re in a situation like this and need to consult with an experienced Houston drug crimes lawyer about resolving the matter or learning more about your legal options, contact the Strauss Law Firm today at 713-586-9200.
Drug Paraphernalia Cases & Texas Law
Understanding Drug Paraphernalia
The Texas Controlled Substances Act defines drug paraphernalia as the following;
A person commits the 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 the Texas Controlled Substance Act.
In short, drug paraphernalia is a defined as any device or activity which lends agency to the use of a controlled substance.
A General Overview of Applicable Offenses
There are three basic drug paraphernalia offenses defined in the Texas penal code. We’ll go over each offense in this section.
Possession of Drug Paraphernalia
Possession of drug paraphernalia is a Class C Misdemeanor offense that is punishable by a fine of up to $500.00.
This is a non-jailable offense but won’t look good on the criminal background of the person convicted. If you’re a professional, need any form of license to work, or may be searching for a job or preparing to start or change your career, this isn’t the type of offense you’ll want on your criminal history.
Possession of Drug Paraphernalia with Intent to Deliver
Possession of drug paraphernalia with intent to deliver is a Class A Misdemeanor offense in the state of Texas that is punishable by a county jail sentence of anywhere from 90 days to 1 year and a fine of up to $4,000.00.
Possession of Drug Paraphernalia with Intent to Deliver to a Minor
Possession of drug paraphernalia with intent to deliver to a minor is a State Jail Felony offense that’s punishable by a state jail sentence of 180 days to 2 years and a fine of up to $10,000.00.
Facing Drug Paraphernalia Charges in Houston, TX?
Call Attorney Brandon Strauss, The Experienced Drug Offense Lawyer.
If you’re looking for a lawyer to represent you on a drug paraphernalia case in Houston, Harris County, or elsewhere in Texas, you’re probably being bombarded by mailers from attorneys and are unsure which law firm to hire.
The Strauss Law Firm provides free & confidential case reviews to all individuals who may need the help of our law firm. So if you’re unsure about how to proceed with your case, we’ll help get started.
If you’re interested in scheduling a meeting to engage in your free case review with Attorney Brandon Michael Strauss, contact the Strauss Law Firm immediately at 713-586-9200.
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