Do Not Take a Drug Paraphernalia Charge Lightly!

You get pulled over for a traffic violation and the officer sees some items in your car which leads to a drug paraphernalia charge. A drug paraphernalia charge can be a class C, class B, or a class A misdemeanor depending on the items found.

Class C Misdemeanor

Under Texas Law, drug paraphernalia is a class C misdemeanor if you use or possess an item that can be used to inject, ingest, inhale or introduce controlled substances into your body. It is also a class C misdemeanor to use or possess items that can be used to plant, grow, harvest, process, or conceal a controlled substance. Typical items include cigars, rolling papers, bongs, roach clips, hookahs, needles, spoons, balloons, scales, and baggies with residue. The prosecution must show that the item was used or intended to be used in conjunction with a controlled substance.

Class C drug paraphernalia charges have a punishment range of up to a $500 fine and no jail time. Because drug paraphernalia charges appear to have minimal consequences, some people feel it is better to just plea the case to “get it over with.” This can be a serious mistake and pose problems for your future. Once a drug paraphernalia conviction is on your record, there is no way to get the offense off of your record.

Class a or Class B Misdemeanor

Most drug paraphernalia charges are filed as Class C misdemeanors; however, the charges can be enhanced to a class B or a class A misdemeanor if it can be shown that you deliver, intended to deliver, or manufacture with intent to deliver drug paraphernalia. These charges carry a jail sentence and significantly higher fines.