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By Benson Varghese

Published on: July 25th, 2020 at 4:04 PM
Last Updated: October 20th, 2020 at 1:50 AM

What is Possession of Drug Paraphernalia in Texas?

The definition of drug paraphernalia as defined by 481.125 of the Texas Health and Safety Code is quite broad.  It is a class C offense in Texas to intentionally or knowingly use or possess drug paraphernalia to “plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance … or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance…”

If you were cited for possession of drug paraphernalia in Southlake, your first instinct might be to just pay off the ticket. After all, you cannot go to jail for mere possession of drug paraphernalia and the fine is capped at $500. However, paying off a drug paraphernalia ticket can have significant unanticipated collateral consequences, especially for students or professionals with an otherwise clean record.

Paying the ticket will result in a permanent conviction on your record that can be accessed by future employers. If over the age of 21, it also results in an automatic suspension of your driver’s license for six months. Furthermore, it may prevent you from qualifying for federal student loans and scholarships as a conviction for possession of paraphernalia is often considered a “drug conviction.”

We can prevent the potential fallout from a Southlake possession of drug paraphernalia ticket. Our attorneys will work to achieve an outcome that will keep your record clean. We have helped hundreds of people who have received Class C drug paraphernalia tickets, and we can help you, too.

What are examples of drug paraphernalia?

Drug paraphernalia basically refers to any item that can be used for drug processing, packaging, or consumption. While this can refer to items bought from smoke shops, it can also include common household items often used alongside drugs. Examples of drug paraphernalia include, but are not limited to bongs, pipes, small plastic bags, roach clips, scales, grinders, syringes, rolling paper, and spoons.

Possession of Drug Paraphernalia Gives Probable Cause for a Search

Possession of drug paraphernalia tickets are often given when an officer suspects that marijuana or another controlled substance was recently used and finds evidence supporting this theory during a search. A PODP ticket can be issued regardless of whether any drugs were found. Additionally, you can be charged with both possession of drug paraphernalia and possession of marijuana or a controlled substance if, for example, an officer finds both drugs and a pipe during a search.

What are possible defenses for possession of drug paraphernalia? 

You have a Southlake Possession of Drug Paraphernalia ticket. Now what?

There are several ways to resolve a Southlake possession of drug paraphernalia citation. Our firm aims to either dismiss, acquit, or resolve the citation in a manner that makes the citation expunction-eligible. Making sure that this citation does not appear on your permanent record is of the highest importance, especially if you are a professional or student with an otherwise clean record.

In order to be convicted for possession of  drug paraphernalia, the prosecution must prove that the object in question was used or was intended to be used with drugs. Often, the defense can attack possession. For instance, if the paraphernalia was found in your car when there were multiple passengers present, we can challenge whether it was actually yours or belonged to another occupant in the vehicle. Additionally, if the paraphernalia was found as a result of an unlawful search or seizure, then our defense attorneys will work to get the citation dismissed outright. The remedies can vary across different jurisdictions. We will thoroughly evaluate the facts and circumstances of your case and explain your legal options.

What is the punishment for possession or drug paraphernalia? 

Possession of drug paraphernalia is classified as Class C Misdemeanor and will result in no more than a $500 ticket. Delivering, possession with intent to deliver, and manufacturing drug paraphernalia with the intent to deliver is classified as a Class A Misdemeanor. If it’s determined that the delivery was  to a minor under the age of 18, it becomes a state jail felony. Furthermore, if you have a previous Class A PODP conviction, getting a possession of drug paraphernalia ticket will result in a minimum of 90 days in jail.

OffensePenaltyPossible Jail TimeMax. Fine
Possession of Drug Paraphernalia Class C MisdemeanorNone$500
Delivery of Drug ParaphernaliaClass A Misdemeanor1 year$ 4,000
Delivery of Drug Paraphernalia  to a MinorState Jail Felony180 days – 2 years$ 10,000

 

Charged with Southlake Possession of Drug Paraphernalia? We can help. 

If you or a loved one have cited for possession of drug paraphernalia in Southlake, contact our criminal defense firm today today for a free consultation. As experienced criminal defense lawyers, we will work tirelessly to make sure that this citation will not impact you future in a negative way.