Drug Paraphernalia Laws in Texas
Do you know you can be arrested for possession of drug paraphernalia in Williamson County Texas? Lack of understanding of Drug paraphernalia Laws in Texas can can cost you loss of your drivers’ license and leave you with a permanent criminal record.
Williamson County law enforcement can and do charge people with possession of drug paraphernalia. It’s a serious offense, and depending on the circumstances, can result in up to a year in jail. The definition and adjudication of these laws can be confusing in many cases and open to interpretation. If you are charged with this type of offense, an experienced Williamson County drug lawyer can provide your best defense against jail time and a criminal record.
What is Considered Drug Paraphernalia?
According to the Texas Health and Safety Code, Chapter 481, "Drug paraphernalia means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes:
- (A) a kit used or intended for use in planting, propagating, cultivating, growing, or harvesting a species of plant that is a controlled substance or from which a controlled substance may be derived;
- (B) a material, compound, mixture, preparation, or kit used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
- (C) an isomerization device used or intended for use in increasing the potency of a species of plant that is a controlled substance;
- (D) testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance;
- (E) a scale or balance used or intended for use in weighing or measuring a controlled substance;
- (F) a dilutant or adulterant, such as quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, lactose, or absorbent, blotter-type material, that is used or intended to be used to increase the amount or weight of or to transfer a controlled substance regardless of whether the dilutant or adulterant diminishes the efficacy of the controlled substance;
- (G) a separation gin or sifter used or intended for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;
- (H) a blender, bowl, container, spoon, or mixing device used or intended for use in compounding a controlled substance;
- (I) a capsule, balloon, envelope, or other container used or intended for use in packaging small quantities of a controlled substance;
- (J) a container or other object used or intended for use in storing or concealing a controlled substance;
- (K) a hypodermic syringe, needle, or other object used or intended for use in injecting a controlled substance into the human body; and
- (L) an object used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, including:
- (i) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
- (ii) a water pipe;
- (iii) a carburetion tube or device;
- (iv) a smoking or carburetion mask;
- (v) a chamber pipe;
- (vi) a carburetor pipe;
- (vii) an electric pipe;
- (viii) an air-driven pipe;
- (ix) a chillum;
- (x) a bong; or
- (xi) an ice pipe or chiller.
You can see from this definition and list that practically anything can be interpreted as drug paraphernalia. Most of these items can also be legally purchased in Texas.
Penalties, Fines and Jail Times in Williamson County
A first time offense for a person that knowingly or intentionally uses or possesses with intent to use drug paraphernalia is a Class C Misdemeanor. A conviction will involve fines of up to $500. Any conviction of a drug offense will also result in a loss of your drivers’ license. Depending on your age, you could be facing up to one year suspension of your driving privileges.
First time offense for sale or delivery, possession with intent to deliver, or manufacturing with intent to deliver drug paraphernalia is a Class A misdemeanor. A conviction can result in up to a year in jail, with fines of up to $4,000.
A second offense for sale or delivery is a felony, punishable by a mandatory minimum sentence of 90 days in jail up to a maximum sentence of 1 year in prison with a maximum fine of $4,000.
Selling or delivering drug paraphernalia to someone 17 years of age or younger is a felony punishable by a mandatory minimum sentence of 180 days in jail up to a maximum sentence of 1 year in prison with a fine up to $10,000.
Contact an Experienced Drug Lawyer in Williamson County
Contact Stephen Hesse for a free consultation if you are facing drug paraphernalia possession. He has many years of experience in dealing with possession cases, and is familiar with the Williamson County Court System. He will provide you the best possible outcome based on your specific circumstances. Steve Hesse Law Firm is located in Georgetown Texas. Call him at 512-930-2120 today.