Drug Use Texas: Possession of Drug Paraphernalia in Texas

by SMU Central University Libraries

The state of Texas still considers drug offenses to be quite serious, and these offenses come with severe penalties if convicted. Under Texas law, it is illegal to possess or be in control of items that can be used for drug consumption or manufacturing. This means that penalties even extend to those who are found with just paraphernalia and not the actual drugs themselves.

With this in mind it is important to know the definitions and sanctions that the state of Texas may impose if convicted. Understanding the laws and consequences should give you a more developed knowledge of what to expect, which in turn, should allow you to approach the situation in a more effective manner, giving you a better opportunity to defend yourself if the need arises.

Texas Health and Safety Code §481.125 states that an individual can be charged with possession of drug paraphernalia if they knowingly and intentionally possess and item that is used to do the following:

• Plant, cultivate, grow, harvest, manufacture; • Compound, convert, produce, pack, store, contain; • Inject, ingest, inhale, introduce into the body; or • Conceal a controlled substance or drug.

As for the penalties, a conviction for possession of drug paraphernalia will result in a Class C misdemeanor, which comes with a presumptive fine of up to $ 500. Although, in many situations, the charges will most likely be more severe if drugs or controlled substances are found with the paraphernalia.

There is also a separate charge for “delivery of drug paraphernalia” which can be found under Texas Health and Safety Code §481.125(b), that states an individual found to intentionally and knowingly delivers, possesses or manufacture s with the intent to deliver drug paraphernalia will be charged with a Class A misdemeanor. This comes with a presumptive sentence of up to one year in jail and / or a fine of up to $ 4000.

If the individual has been convicted of a previous delivery of drug paraphernalia offense, they may receive a mandatory jail sentence of 90 days to one year in jail. If the deliverer happens to be to a minor under the age of 18, there is a possibility that the individual could be convicted of a state jail felony, which is punishable by 180 days to two years in jail and / or a fine or up to $ 10,000 (§481.125c).

With regard to some of the more common types of drug paraphernalia that are found in the state of Texas, some of the most common are:

• Glass Pipes • Bongs • Syringes • Scales • Vials • Plastic Baggies

The state of Texas does differentiate between “classifications” or drug paraphernalia, with the separation depending on “user-specific” products (pipes, bongs) and “dealer-specific” products (scales, plastic baggies). This may affect the potential penalties you will face.

As for the process if you happen to be put in this unfortunate situation, the officers will charge you with the crime and may arrest you depending on the circumstances. At this point you do have the right to speak with a criminal defense attorney, which may be in your best interest. During your initial hearing you will be informed of the charges and asked how you would like to proceed. Deciding whether to plead guilty, no contest, or not guilty should be considered depending on the situation you are in.

Texas Judge arrested for marijuana possession – Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test COLLEGE STATION, TX – Guadalupe County Judge Michael Thomas Wiggins was arrested Monday at a Hilton Hotel on the charge of possessing marijuana. The judge admitted his guilt. The Texas judge, 58, was visiting the hotel on a seminar for county commissioners and county judges in College Station. A bellman noticed the smell of burnt marijuana on Monday night, and isolated the source to a room on the fifth floor. When an officer arrived to investigate, Wiggins was cooperative, pointing to his duffel when the officer asked if there was any marijuana in the room, and permitting him to search the duffel, where the officer discovered a silver grinder, rolling paper, and a plastic bag containing 20.1 grams of marijuana. Because it is less than two ounces, Wiggins was charged with a Class B misdemeanor, facing up to 180 days in jail and fines up to 00 dollars. Wiggins did not deny the allegations, but told the press: “There’s nothing I can …

by SMU Central University Libraries

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