Drug paraphernalia charges start small but can quickly become serious. A pipe in a car is one thing. But several items, particularly if they contain drug residue, may turn a citation into jail time.
What’s the definition of paraphernalia under Texas law?
Texas’s definition of drug paraphernalia is somewhat broad, so it’s important to keep in mind what counts.
According to Chapter 481 of the Texas Health and Safety Code, drug paraphernalia is defined as “equipment, a product, or material that is used or intended to be used to manufacture, package, store, or consume a controlled substance."
Police discretion comes into play.
If the above definition sounds a bit hazy, that’s because it is. For example, a glass pipe is not illegal in Texas on its own. However, if law enforcement believes it’s intended for illicit drug use, you can be charged with a crime and arrested.
Paraphernalia charges start small.
If police find a single piece of drug paraphernalia in your possession, say, during a traffic stop, they’ll typically charge you with a Class C misdemeanor. These low-level misdemeanors carry a maximum fine of $500 and no jail time.
But low-level possession can turn into intent to deliver.
The situation may get more complicated when a person is found with more than one piece of paraphernalia, or paraphernalia alongside drugs.
Possession of more than one piece of paraphernalia isn’t automatically a more serious charge.
If you’re pulled over and during the traffic stop found to have two or three pieces of paraphernalia, you don’t automatically get a higher charge.
Let’s say you’re caught with a bowl and rolling papers. Those are multiple items, but they would most likely still lead to a Class C Possession of Paraphernalia charge, since an officer would likely interpret them as items for personal use.
There are two charges that fall under “intent to deliver,” and both are more serious than possession.
In Texas, Delivery of Drug Paraphernalia is a Class A misdemeanor, which we’ll refer to as “intent to deliver drug paraphernalia.” The punishment is up to one year in county jail and a fine of up to $4,000.
Charges involving intent to deliver a controlled substance, on the other hand, are based on the drug’s penalty group and amount, with punishment ranging from 180 days in state jail to life in prison and fines of up to $250,000.
In either case, police will look at the whole picture.
Generally, police will be looking to determine whether the items are present for personal use or whether there is intent to deliver drugs or paraphernalia.
If you have multiple items of the same type, that may suggest distribution rather than personal use. Plenty of cash on hand or scales can also indicate an intent to deliver or sell.
There’s no one rule here. It’s all about how police interpret the scene and what prosecutors believe they can charge you with.
Drug residue and possession of items that suggest an intent to deliver are going to have an impact on charges.
A tiny amount of residue on drug paraphernalia is enough to saddle you with a possession of paraphernalia charge and get you arrested for possession of drugs, as well.
Residue also may suggest recent use, potentially leading police to believe you are intoxicated, which may result in a DWI charge, classified as a Class B misdemeanor, with a minimum confinement of 72 hours, according to Texas Penal Code Chapter 49. A fine of up to $2,000 is on the table, as is a license suspension.
If police find a scale and residue, there’s a good chance you’ll be charged with intent to deliver.
The more you talk to the police, the worse the outcome will be.
Don’t try to explain away the items, because you can only make the situation worse. It’s best to ask to speak to an attorney and then stay silent. Remember, it’s your right to stay silent.
Pretrial diversion is an option for some first-time offenders.
Pretrial diversion is an alternative to prosecution for those who may be charged with lower-level crimes like possession of drug paraphernalia.
If you’re eligible, you can enter a supervised program, similar to probation. Once completed, the court drops the charges. Note that if you do not complete the program, the court changes your plea to guilty.
Young people are strong candidates for pretrial diversion.
If you’ve become eligible for a driver’s license within the past five years, you could be a perfect candidate for pretrial diversion.
Even if you haven’t recently become eligible for a driver’s license, you may be able to enroll if you have fewer than two felonies and aren’t a public official.
An attorney makes the process smoother.
An experienced attorney will take the necessary steps to ensure your request for pretrial diversion is submitted properly. Then, they’ll work with the court to advocate for your eligibility.
Call Gold Legal today.
If you’ve been charged with a drug crime, we will review every detail of your situation to determine whether law enforcement followed the proper procedure and take every opportunity to have your charges dismissed or enroll you in a pretrial diversion program.
Contact Gold Legal, PLLC today.
— Kandi Gilder, Attorney at Law
