Possession of Drug Paraphernalia

In Texas, it is illegal to possess, sell, or manufacture drug paraphernalia. Drug paraphernalia can include a variety of things. Some can be commercially made such as pipes and others are household items such as plastic baggies. 

Typically, a person is charged with possession of drug paraphernalia in conjunction with other drug charges. It is common to find paraphernalia among a large number of drugs upon arrest. A drug paraphernalia offense carries heavy penalties that which includes fines and possible incarceration. 

If you or someone you know has been charged with possessing drug paraphernalia, it is recommended that you find trusted legal representation.

San Antonio Attorneys for Drug Paraphernalia in Texas

Conviction for possession of drug paraphernalia can result in serious life altering penalties. Texas Health and Safety Code § 481.125 states it is a criminal offense to own any paraphernalia that can be used to use, create, or store drugs. 

The attorneys at Flanary Law Firm, PLLC are experienced in defending those accused of drug crimes in the Bexar County area. We are passionate about criminal defense. It is our job to use all our resources to help you obtain the best possible results for your case. Make the first steps of your defense now. Call the attorneys at Flanary Law Firm, PLLC today at (210) 738-8383.

Flanary Law Firm, PLLC represents those with allegations of possessing drug paraphernalia throughout the Bexar County area and nearby counties including Reeves County, Comal County, Kendall County, and Atascosa County.

Overview for Drug Paraphernalia Charges in Texas


Definition for Drug Paraphernalia Charges in Texas

Texas law states that owning, delivering, or using drug paraphernalia is a crime. Texas Health and Safety Code § 481.002(17) defines “drug paraphernalia” as any equipment, product, or material that is used for the purpose of planting, cultivating, manufacturing, producing, processing, packaging, storing, or concealing a controlled substance.

Objects can also be considered paraphernalia if it’s used to aid with inhaling, injecting, or consuming any controlled substance in the human body. Some examples of objects that are considered drug paraphernalia include: 

  • Pipes
  • Plastic containers
  • Roach clips
  • Grinders
  • Blenders
  • Dilutants
  • Capsules
  • Syringes
  • Rolling papers
  • Sifters
  • Mixing devices
  • Bowls
  • Balances
  • Ziploc Baggies
  • Balloons
  • Bongs 

Texas Penalties for Drug Paraphernalia Charges

In Texas, it is illegal to use, possess, or deliver drug paraphernalia. Any person convicted of possessing or using drug paraphernalia may be guilty of a Class C misdemeanor. The penalty for a Class C misdemeanor is a fine punishable by up to $500.

It is also a crime to intentionally deliver, possess with intent to deliver, or manufactures with intent to deliver drug paraphernalia. Those convicted of delivering or attempting to deliver drug paraphernalia will face a Class A misdemeanor. The penalties for a Class A misdemeanor include: 

  • Up to 12 months in county jail; and
  • Possible fine of up to $4,000.

If a person delivers or attempts to deliver drug paraphernalia to a minor, he or she may face a state jail felony. The alleged offender must be at least 18 years of age, and the age difference between the two parties must be at least three years.

The following are the penalties for a state jail felony:

  • 180 days to 24 years in state jail; and
  • Possible fine of up to $10,000.

Additional Resources

Texas Drug Paraphernalia Laws – Visit the official website for the Texas Health and Safety Code. Find more information detailing drug paraphernalia and other types of drug offenses in Texas. Learn the charge specifics, penalties, and possible admissible defenses in court. 

Drug Paraphernalia Q&A – Visit the official website for the Get Smart About Drugs, a DEA resource for parents, educators, and caregivers. Find more information on answers surrounding frequently asked questions about drug paraphernalia.


Drug Paraphernalia Lawyers in Bexar County, Texas

If you or someone you know has been charged with possessing drug paraphernalia, it is crucial that you obtain skilled legal representation. Hiring an attorney can greatly increase your chances of having your charges reduced or dismissed.

Flanary Law Firm, PLLC is a group of attorneys who are passionate about criminal defense. We understand that the legal process can be overwhelming. The looming penalties of fines, probation, and possible incarceration can be stifling. Get some peace of mind now. Call the attorneys at (210) 738-8383 for a free consultation. 

Our attorneys represent those arrested throughout the greater San Antonio area including Terrell Hills, Universal City, Leon Valley, and Kirby. 


This article was last updated on September 27, 2018.

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