Possession of drug paraphernalia in Texas is typically a misdemeanor offense that usually won’t carry jail time, but it could leave you with a lifelong criminal record.

It can also be tricky to deal with criminal charges because the definition of drug paraphernalia in Texas is so broad that even routine household items meet the criteria. Everything from a kitchen scale to a pile of rags can be considered “paraphernalia.”

Additionally, if any trace of drugs is found on that paraphernalia, you’ll also likely face drug possession charges.

Definition of Drug Paraphernalia

The definition of drug paraphernalia in Texas is very broad. In addition to items typically used to introduce the drug into the body (syringes, pipes, etc.) or deliver a drug (vials), it also covers anything used to grow, plant, propagate, cultivate, harvest, store, compound, produce, manufacture, process, convert, package, test, conceal or analyze any controlled substance

Section 481.125 of the Texas Health and Safety Code says that someone can be charged with possession of drug paraphernalia for knowingly or intentionally using the items or simply for possessing them with the intent of using them as drug paraphernalia. 

The definition is so broad that many household items could be included, including items found in most homes for cooking or baking. Examples include: 

• Plastic baggies
• Baking scales
• Spoons
• Capsules
• Rags
• Balloons
• Razor blades
• Aluminum foil
• Rolling papers
• Ceramic pipes
• Metal pipes
• Indoor grow lights
• Vials
• Hidden compartments in furniture
• Aquaponic or hydroponic systems
• Bongs
• Cigars
• Needles

Delivery of Drug Paraphernalia

If police believe you’re planning to give any of these items to someone else, you can also be charged with delivery of drug paraphernalia, a Class A misdemeanor.

Texas Health and Safety Code 481.125 says you can be charged with delivery if you:

• Deliver items
• Possess items intending to deliver them
• Manufacturing items intending to deliver them

READ MORE: Navigating Texas drug laws

Penalties for Possessing Drug Paraphernalia

When police officers suspect drivers have recently used a controlled substance but can’t see any signs of intoxication or detect drugs in the vehicle, they will frequently issue a ticket for possession of drug paraphernalia.

That’s because these tickets can be issued regardless of whether they find drugs during a search. Penalties can be elevated if you face delivery charges, and delivering paraphernalia to a minor could result in a felony charge carrying up to two years in jail.

Offense	Penalty	Maximum fine	Possible jail time
Possession of drug paraphernalia	Class C misdemeanor	$500	None
Delivery of drug paraphernalia	Class A misdemeanor	$4,000	One year
Delivery of drug paraphernalia to a minor (under the age of 18 and at least three years younger)	State jail felony	$10,000	180 days to two years

Also, if you already have a delivery of drug paraphernalia conviction on your record, a second offense could result in a minimum of 90 days in jail. In any instance, it’s vital to hire a skilled attorney with a record of success handling drug cases.

Example of Drug Paraphernalia Charges

For example, a 19-year-old was pulled over due to a broken taillight, and the police officer spotted a bong in the back seat. Even though the initial traffic stop was for a completely unrelated issue, just possessing the bong is enough to result in a drug paraphernalia charge. There doesn’t have to be evidence that the bong was actually used if other evidence suggests that you intend to use it. 

Now, in theory, that bong could have been intended for use with legal tobacco, but that probably won’t matter to the cop. You can still be arrested and charged with a Class C misdemeanor.

And while the charge sounds minor, it could result in a fine, a suspended driver’s license, and a criminal record – all for possessing an item with a perfectly legitimate legal use. This is why it is so vital that you speak with a lawyer after any criminal charge.

Additionally, if traces of marijuana are discovered on that bong, you could also be charged with drug possession, which will elevate your penalties.

The jurisdiction can also make a big difference in your case outcome. Some counties have decriminalized possession of small amounts of marijuana – and thus are likely to let you off with a warning – while surrounding counties will actively prosecute you for the same offense.

One of our recent cases involved a college student who was caught possessing a small amount of marijuana in Comal County, where drug enforcement can be particularly strict. That same joint would not have resulted in charges in Travis County.

The client – a dean’s list student – could have ended up with a permanent criminal record. However, we negotiated a deal that resulted in an upfront dismissal, and the defendant has no conviction on their record. 

To protect yourself, if you need to transport items that could be considered drug paraphernalia, we recommend keeping them in a sealed container in a location where they are not visible (The trunk or glove box, for example). 

What is the Statute of Limitations for Possession of Drug Paraphernalia Charges?

Statutes of limitations are laws that require criminal charges to be brought within a defined time. 

In Texas, the statute of limitations on misdemeanors is two years. If misdemeanor charges are filed more than two years after an incident, the charges will likely be dropped, or prosecution will be barred.

If the charges against you are aggravated or enhanced, it becomes a state jail felony. Texas law establishes a three-year statute of limitations for this felony charge.

READ MORE: Is Delta 9 THC legal in Texas?

You Could Also Face Drug Possession Charges

If there are any traces of drugs on or in the paraphernalia, you likely will also face drug possession charges.

In Texas, the penalties for drug possession vary widely based on the type of drug in question and the quantity involved. For example, there can be a significant difference between being caught possessing a bong with trace amounts of marijuana and a syringe with trace amounts of heroin.

Penalties will depend on several factors, including:

• The purpose of the drug
• The type of drug
• The quantity you possess
• Aggravating circumstances (attempting to sell to a minor or possess a drug near a school)

READ MORE: Drug laws in Texas

Will You Lose Your Driver’s License?

Even if you weren’t driving at the time of your arrest, your driver’s license could be suspended for six months if you’re convicted of possessing drug paraphernalia. If you’re under 21, you could lose your driving privileges for a year. 

If this happens, we can help you obtain an Occupational Driver’s License.

Potential Defenses

The prosecution must prove beyond a reasonable doubt that you knew you would use the object in question to handle or consume a controlled substance. We can use various strategies to establish doubt, including: 

• Emergency medical assistance: In 2021, the Texas State Legislature added an exception to protect people who provide emergency medical assistance. It also added protections for potential overdose victims who request medical attention.
• The item was not drug paraphernalia: For example, if police find a bong, they will assume it is used to ingest marijuana. If you’re using it for tobacco, it’s perfectly legal as long as you meet the age requirements for tobacco use. 
• Unlawful search and seizure: If your Fourth Amendment rights were violated, the evidence can be suppressed
• The item is not yours: If there is a group of people in a car during a traffic stop, we may be able to raise questions about ownership of the item in question