Austin Drug Paraphernalia Attorney Jason Trumpler
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Possession of Drug Paraphernalia in Texas
In Texas, it is typically a Class C misdemeanor, punishable by a fine only, to possess drug paraphernalia. We most often see this offense charged in relation to pipes, needles, and other paraphernalia used in the consumption of controlled substances and marijuana, though as you can see from the language from the statute, which I have included below, it can include a lot more than just simply pipes and needles.
Even though possession of paraphernalia is a fine only offense, most people do not want a possession of drug paraphernalia charge on their criminal history. That is where Austin Drug Paraphernalia Defense Lawyer Jason Trumpler can help. Austin Criminal Defense Lawyer Jason Trumpler can usually negotiate a deferred disposition without you ever having to appear in court that will result in the charges ultimately being dismissed. In addition, after the charges are dismissed you will be eligible for an expunction, which will completely destroy any record of the charges. Moreover, Austin Criminal Attorney Jason Trumpler is fully versed and up to date on search and seizure law. If there is a search issue in your case, he can file a motion to suppress and get your charges dismissed. Finally, if your case is the type of case that should go to trial, Austin Trial Attorney Jason Trumpler has tried around 100 trials to verdict before juries in the states of California and Texas. He has over 15 years of practicing criminal law as both a prosecutor and criminal defense attorney.
Delivery of Drug Paraphernalia
Delivery of drug paraphernalia is a more serious offense. It is generally a Class A misdemeanor with a minimum of 90 days in the county jail, and a maximum of 1 year in the county jail and a $4,000. If you are over 18 and deliver the paraphernalia to a minor that you are more than 3 years older than, it is a state jail felony. That offense carries a minimum penalty of 6 months in the state jail and a maximum of 2 years in the state jail and a fine not to exceed $10,000.
Texas Health and Safety Code § 481.125. Possession or Delivery of Drug Paraphernalia
(a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
(b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
(c) A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor.
(d) An offense under Subsection (a) is a Class C misdemeanor.
(e) An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days.
(f) An offense under Subsection (c) is a state jail felony.