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Possession of Drug Paraphernalia in Texas is a Class C citation, punishable by up to a $500 fine. You cannot go to jail as punishment for mere possession of drug paraphernalia in Texas. Delivery of drug paraphernalia is generally a Class A misdemeanor, while delivery of drug paraphernalia to someone under the age of 18 is a State Jail Felony.
Does this mean you should go ahead and plead guilty and pay your fine? In many cases, the answer is, “no.” If you pay the fine and plead guilty you will be accepting a conviction on your record.
This is a common scenario in every city across Texas: An officer walks up to a car and smells the odor of marijuana in the car. The officer searches the car and finds evidence that marijuana or another drug was recently in the car. The officer charges the person with possession of drug paraphernalia. Common examples include:
While we generally leave Class C matters to “ticket attorneys,” every year we handle a handful of Class C charges when the charge is from the Tarrant-Dallas area, and the recipient of the citation is a professional or university student who is interested in not only the outcome of the citation but also in a future expunction.
There are three ways to avoid a conviction for a Class C citation in Texas. Our first goal is to resolve the ticket through a dismissal, acquittal, or in another fashion that makes the citation expunction-eligible. We also talk to our clients about their expunction possibilities and how quickly they can get an expunction. This varies based on jurisdiction.