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
Contact us directly to discuss your criminal case with a member of our team.