A person commits an offense of possession of drug paraphernalia 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 the Texas Controlled Substances Act to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance prohibited by law.
An offense for possession of drug paraphernalia is a <Class C misdemeanor>. There are stricter punishments if an individual delivered the drug paraphernalia or if an individual delivers drug paraphernalia to someone younger than 18; these different scenarios could make the punishment range from a <class A misdemeanor> to a <state jail felony>.
If you have been charged with possession of drug paraphernalia, a commissioned peace officer has claimed that you knowingly or intelligently possessed with intent to use or used drug paraphernalia. The offense of possession of drug paraphernalia has a few main elements that a prosecutor will have to prove beyond a reasonable doubt:
The exact language of this law, further details, and additional punishment concerns can be found in section 481.125 of the Texas Health & Safety Code [Chapter 481 – Texas Controlled Substances Act] (see Links). None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.
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