Possession of Drug Paraphernalia

Illegal Drug Paraphernalia?

Drug Paraphernalia is defined in the Health and Safety Code, Chapter 481. This includes items you can legally purchase in convenience Stores, smoke shops, vape shops, or could even include common household items such as scales, spoons, bowls or miscellaneous items. Common paraphernalia charges are generally for items such as pipes, rolling papers and bongs. The penalties can be more severe than many think.

What Is the Penalty for Possession of Drug Paraphernalia in Texas?

  • Simple possession of drug paraphernalia is a Class C Misdemeanor, which carries a penalty of fines up to $500.
  • Distribution or possession with intent to distribute or sell drug paraphernalia is a Class A misdemeanor, which can result in up to 365 days in a County Jail, and/or up to a $4,000 fine.
  • Second offenses can result in enhanced charges and jail time.
  • Selling drug paraphernalia to someone under 18 years of age may be classified as a State Jail Felony, with a punishment range of up to two years in a state jail facility and a felony conviction.

Driver’s License Issues

Most people don’t realize that a drug conviction of any type will lead to a Driver’s License suspension, even a conviction for a possession of drug paraphernalia. Even if you were NOT operating a motor vehicle and were merely a passenger, or even walking down the street, the Driver’s License suspension will apply if you are convicted of possessing drug paraphernalia.

If your case is not dismissed or you do not obtain deferred adjudication probation, you will lose your license for 180 days if you are over 21 and if you are under 21, you could lose your license for up to one year.

To check your driver eligibility with Texas DPS, click here.