It’s illegal to use, possess, or deliver drug paraphernalia in Texas. Law enforcement officers can arrest and charge you with possession or delivery of drug paraphernalia if they believe you use, deliver, or manufacture drug paraphernalia in the Lone Star State. This serious crime comes with serious penalties.
The crime of possession or delivery of drug paraphernalia is outlined in Texas Health and Safety Code. It states that a person commits this offense if he or she knowingly or intentionally possesses any drug paraphernalia with the intent to use it to plant, propagate, cultivate, grow, harvest, manufacture, store, contain, or conceal a controlled substance; or to introduce a controlled substance into the human body. It further specifies that a person commits the offense of delivery of drug paraphernalia if the person knowingly or intentionally delivers drug paraphernalia, or manufactures and/or possesses such paraphernalia with intent to deliver, knowing that the person who is to receive the drug paraphernalia intends to use it to plant, propagate, cultivate, grow, store, contain, or conceal; or to introduce a controlled substance into the human body.
If the offense is basic drug paraphernalia possession, it is classified as a class C misdemeanor and is punishable by a fine of up to $500. However, adding delivery of drug paraphernalia increases the penalties. The crime would be reclassified to a class A misdemeanor, resulting in penalties including up to 12 months in jail and a possible fine of up to $4,000. Another enhancement of penalties would occur if the drug paraphernalia is delivered to a minor: the crime becomes a state jail felony, which is punishable by 180 days to 24 years in jail and a possible fine of up to $10,000.
Drug paraphernalia charges can result in very serious consequences if the case is not defended by an experienced defense attorney who can help make the situation less confusing and less stressful. A competent and skilled attorney will negotiate with the prosecuting attorney for a dismissal of the charges. He may be able to keep the defendant from ever having to appear in court and may even get the case dismissed.
Being charged with and convicted of possession or delivery of drug paraphernalia in Texas can have a huge negative impact on your reputation and cause problems for you right away and into the future. If you or a loved one is in Austin, Texas or the surrounding area and in need of legal services from a top defense attorney to fight drug paraphernalia charges, reach out to the professional counsel at Erskine Law. The experienced, competent counsel will build a solid defense in your case so that you have the best chance of a good outcome. If you have questions about how a drug paraphernalia charge will impact your lifestyle and what you can do to fight the charge, contact Brian Erskine, the best criminal defense attorney for the job in Austin.