Texans can be arrested and charged with a criminal offense for having items known to be items used for making and/or distributing illegal drugs. Possession or delivery of drug paraphernalia in the Lone Star State is a serious crime. Though serious, it is nevertheless a very common crime in Texas. If you manufacture drug paraphernalia for personal use or delivery to others, or have it for any other reason, it can constitute a criminal offense. It gives law enforcement officers the right to arrest you if they suspect you of possession or delivery of drug paraphernalia.


Under Chapter 481 of the Texas Health and Safety Code, drug paraphernalia is defined in Section .002(17) as “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…,” or anything that is used for “…injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance….” Some of the most common things that are classified as drug paraphernalia are bongs, pipes, and syringes; though there are a wide variety of other items outlined in the Code as well.


According to Section 481.125, an individual can be charged with possession or delivery of drug paraphernalia if he or she knowingly or intentionally has used any such equipment for the purpose of introducing any illegal drugs into the human body. Further, that person also can be charged with this crime if he or she has manufactured and/or possessed any such equipment with the intent to deliver it to another party for that same purpose.


Possession or delivery of drug paraphernalia in Texas is classified as a Class C or Class A misdemeanor in many cases, though it can be a state jail felony under certain circumstances. Either way, having a drug-related conviction on your record could be very detrimental to your future, resulting in varying limits and restrictions that will negatively impact your life. Because of this, it is of the utmost importance that you secure the services of an experienced defense attorney to help you fight back, so you can possibly have the charges against you dismissed. 

Being charged with and convicted of possession of drug paraphernalia in Texas can be very damaging to your record and your reputation. If you are in Austin, Texas, and find yourself in need of legal services from a top attorney to fight such a charge against you or a loved one, reach out to the professional counsel at Erskine Law. The knowledgeable, competent team at Erskine Law will support you as Mr. Erskine builds a solid defense on your behalf. If you have questions about how a drug paraphernalia charge will impact your future and what you can do to mitigate the negative effects, contact Brian Erskine, the best Austin criminal defense attorney to help you reach the best possible outcome in your case.