What Is Considered Drug Paraphernalia in Texas? What Is Considered Drug Paraphernalia in Texas?

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What Is Considered Drug Paraphernalia in Texas?

Most people recognize that possessing some amount of illegal substances can lead to criminal charges. Other drug crimes, such as drug distribution or drug trafficking, also carry significant penalties. However, it’s important to recognize that the Texas Health and Safety Code considers the possession of drug paraphernalia a criminal offense. Here’s what you need to know about drug paraphernalia charges and what steps you can take to defend your freedom and future.

The Legal Definition of Drug Paraphernalia

Even if no controlled substances are found on your person or in your possession, law enforcement may still arrest you for the possession or delivery of drug paraphernalia. Section 481.125 of the Texas Health and Safety Code states that a person commits this offense if they “knowingly or intentionally use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce…or otherwise introduce into the human body a controlled substance.” Equipment or items that could be considered drug paraphernalia include glass or metal pipes, syringes, UV lights, small scales, or packaging products like small plastic baggies.

Possession or Delivery of Drug Paraphernalia Penalties in Texas

If law enforcement finds items in your possession that could constitute drug paraphernalia, you may be charged with possession of drug paraphernalia—even if no controlled substances are found. This offense is considered a Class C misdemeanor, and a conviction can lead to a $500 fine and possible driver’s license suspension. Delivery of drug paraphernalia is considered a Class A misdemeanor offense, carrying a jail sentence of up to one year and a fine of up to $4,000. However, if you delivered the drug paraphernalia to someone under the age of 18, this may constitute a state jail felony. If convicted, you could spend up to two years in state prison and a fine of up to $10,000.

Contact a Skilled Pearland Criminal Defense Attorney Today

Facing any type of criminal charge in the South Houston area can be overwhelming and stressful. However, now is not the time to leave your future up to fate. Reach out to an experienced criminal defense lawyer right away to discuss your situation and determine the most strategic path forward. Together, you and your attorney can fight to keep your rights protected and your future bright.


If you or a loved one is facing drug crime charges in Pearland or Brazoria County, call the Law Offices of Keith G. Allen, PLLC, today at (832) 230-0075 to schedule a free consultation with a trusted criminal defense lawyer.

There’s no time to waste. Your defense starts with a free consultation.

Effective & reliable legal counsel throughout Pearland and Brazoria County.