Texas is one of many states that crack down hard when it comes to drug possession charges. If you are facing charges for possession of drug paraphernalia, you will need to understand the consequences you could end up facing. Even if your criminal history is relatively clean, this could still have a long-term impact on your life, especially if it goes on your criminal record.

Before fighting these charges head-on, you need to hire a criminal defense attorney to help you fight drug paraphernalia charges in Texas. At The Law offices of Keith G. Allen, PLLC, we are committed to helping our clients fight drug charges to get the best possible outcome.

What Constitutes Drug Paraphernalia in Texas?

Drug paraphernalia is a very broad term, which is why possession of drug paraphernalia in Texas can get a bit complicated. Many Texans may not realize that this can even include household items that you probably already have access to. This includes things like:

Possession of drug paraphernalia in Texas requires you to knowingly or intentionally use or possess drug paraphernalia in certain instances. For instance, growing, harvesting, preparing, packing, concealing, or storing all fall into the category of possession.

Keep in mind that this does not just include drugs alone; this also includes items or objects used to use and consume drugs by injecting, ingesting, or inhaling controlled substances.

Possession Vs. Delivering or Selling Drug Paraphernalia in Texas

Although any charge related to possession of drug paraphernalia in Texas is bad, the type of charge can also come with additional penalties. You will want to ask questions about these charges, such as: does possession of drug paraphernalia go on your record? Or will a first offense charge result in jail time? 

Here is a breakdown of the penalties for possession charges versus delivering or selling charges.


Being in possession of drug paraphernalia is a class C misdemeanor in Texas. This does not generally carry jail time, but it will include up to $500 in fines. A possession of drug paraphernalia first offense charge will still go on your criminal history as a drug-related conviction.

Delivering or Selling

If you are charged with delivery or selling drug paraphernalia, the penalties will be significantly higher. This is often classified as a class A misdemeanor, which could result in up to a year in jail and up to $4000 in fines.

Delivering drug paraphernalia to a minor under the age of 18 who is at least three years younger than the defendant is considered to be a state jail felony.

Defenses For Possession Charges

Even if there is a lot of evidence against you in a drug paraphernalia case, there are still plenty of defense options. To set yourself up for the best result, you need to hire a criminal defense attorney who can represent you in court.

An experienced attorney will be able to examine the evidence and choose a defense strategy to lessen your charges or potentially get them dropped altogether.

Unlawful Evidence

The most common defense for drug possession charges in Texas includes unlawful evidence. All United States citizens have the Fourth Amendment to the Constitution, which provides protection from the government. This ensures that law enforcement does not overstep your rights when it comes to questioning or searching you.

Your attorney may be able to argue that law enforcement did an unlawful search and seizure, which resulted in discovering drug paraphernalia. Even if they discover drugs on your person or in your belongings, it may get thrown out if the search and seizure went against your Fourth Amendment rights.

For instance, law enforcement may have profiled you and either questioned or searched you without probable cause. However, something to keep in mind is that law enforcement can seize drug paraphernalia if it is in plain view.

Chain of Custody Issues

Chain of custody is the process law enforcement goes through after they have searched and seized drugs from someone. After seizing the drugs, they will secure them in an evidence room or a locker along with other items that were seized from suspects.

Your attorney may be able to argue that the drugs in question were not part of your case. The drugs may be missing, and the drugs related to your charges are, in fact, from a different case. This could potentially help you avoid more extreme drug possession charges.

Another aspect of this defense strategy is to argue that the drugs were handled improperly by law enforcement. For instance, the drugs may have been tampered with or do not go through the correct chain of custody after being seized.

The Drugs Weren’t Yours

Another very common defense strategy for drug-related crimes is to argue that the drugs were not yours. Your attorney may be able to argue that you were not aware of the drugs.

For the Best Criminal Defense in Brazoria County, Contact The Law Offices of Keith G. Allen, PLLC

Being charged with drug paraphernalia in Texas can come with long-term consequences, especially if you do not fight them. It is crucial that you understand the potential penalties for these charges and defenses your attorney may be able to use for your case.

At The Law Offices of Keith G. Allen, PLLC, we have handled multiple types of drug-related cases in Pearland and Brazoria County. For experienced and compassionate legal representation, contact us today at 832-230-0075 for a free consultation.