What Is the Charge for Possession of Drug Paraphernalia in Texas?

Depending on the circumstances, Texas treats the possession of drug paraphernalia as a Class A or C misdemeanor. Class C misdemeanors carry no jail time but can result in fines of up to $500. Class A misdemeanors can lead to jail terms of up to one year and fines of up to $4,000.

Further, if the person charged with possession is older than 18 and has provided drug paraphernalia to someone who is younger than 18 and at least three years younger than the person being charged, a Texas prosecutor can elevate the charges to the level of a state jail felony, which can lead to longer incarcerations. 

The applicable Texas statute defines “drug paraphernalia” as anything used or owned with an intent to “plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance.”

The breadth of this definition gives prosecutors significant leverage to bring charges against individuals, even if no controlled substances were found in their possession. Plano drug possession defense attorney Andrew Peveto fights for the rights of individuals who have been charged with possession of drug paraphernalia. If you are facing drug paraphernalia possession charges in Collin County, call a DFW criminal defense lawyer to establish an aggressive defense and to maintain your individual rights.