In Texas, possession of drug paraphernalia is a separate criminal charge under the law.
What is defined as illegal drug paraphernalia?
Any item that can be used as a drug processing, packaging, or consumption mechanism can be defined as paraphernalia under 481.002 (17) of the Texas Controlled Substances Act. Even common household items such as scales, spoons, bowls, envelopes or bags can land you an illegal possession of paraphernalia charge. The most common paraphernalia charges result from pipes, and bongs.
What is the Penalty for Possession of Drug Paraphernalia in Texas? Simple possession of drug paraphernalia is a Class C Misdemeanor, which carries a penalty of fines up to $500. Distribution or possession with intent to distribute or sell drug paraphernalia is a Class A misdemeanor, which can result in up to a year in jail. Second offense penalties will result in mandatory jail time, or if you sell to someone under 18 years old.
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