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. The State charges people with this offense most often for "possessing" things like pipes, needles, and other equipment used in the consumption of controlled substances and marijuana. As you can see from the language from the statute, which I have included below, however, possession of paraphernalia, can consist of a lot more than just merely 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 Lawyer Jason Trumpler can usually negotiate a deferred disposition without you ever having to appear in court that will ultimately result in the State dismissing the charges.
Additionally, after the State dismisses, you will be eligible for an expunction. An expunction
will destroy any record of the charges. Moreover, Austin Criminal Attorney Jason Trumpler is thoroughly 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 through a Motion to Suppress. Finally, if your case is the type that should go to trial, Austin Trial Attorney Jason Trumpler has tried over 100 jury trials to verdict
in the States of California and Texas.
Delivery of Drug Paraphernalia
Delivery of drug paraphernalia is a more severe 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 three 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.
- An offense under Subsection (a) is a Class C Misdemeanor.
- 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.
- An offense under Subsection (c) is a state jail felony.
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