There are many different offenses related to drugs in Texas. Our Travis County criminal defense lawyer explains more about the drug paraphernalia laws in the state.
Most people are aware that possessing and selling drugs is illegal in Texas. However, many are not aware of the drug paraphernalia laws in the state. Drug paraphernalia refers to any product, equipment, or material intended for use in packaging, manufacturing, consuming, or storing controlled substances. While the definition of drug paraphernalia may seem fairly straightforward, it is applicable in many different situations and involves many different items. Below, our Travis County criminal defense lawyer explains further.
Types of Drug Paraphernalia in Travis County
There are many different objects that can be classified as drug paraphernalia under the Texas Controlled Substances Act. These include:
- Bongs and pipes: Any object used to inhale or otherwise consume a controlled substance falls into this category. These are the most common types of drug paraphernalia.
- Balances and scales: Scales and balances are often used to measure a certain quantity of drugs, particularly when selling or trafficking is suspected.
- Grinders: Grinders can grind marijuana and other plants to break them down into smaller particles that are easier to consume.
- Syringes: Drug paraphernalia charges may apply when a person possesses syringes without a legitimate medical need for them.
- Containers and baggies: Small vials, plastic bags, and other containers used as packaging for smaller amounts of drugs can be considered drug paraphernalia.
- Cigars wrappers and rolling papers: Cigar wrappers and rolling papers can be considered drug paraphernalia when they are used to roll marijuana and other illicit substances.
- Chemical kits: Substances or equipment used to manufacture drugs, such as methamphetamine, are classified as drug paraphernalia.
Depending on the facts of a case, penalties for drug paraphernalia charges can range from a $500 fine to two years in state jail for those convicted.
Intent in Drug Paraphernalia Cases
State law in Texas requires that to successfully convict someone of drug paraphernalia charges, they must have intended to use it for an unlawful purpose. When determining if a person has intent, the courts will consider different factors, which include:
- Statements made by the person with control over the paraphernalia
- Any presence of drug residue on the paraphernalia
- Expert testimony regarding how the item is used
- How the item is advertised or displayed
Often, criminal defense lawyers will challenge the alleged intent, or the lack thereof, when defending drug paraphernalia cases.
Our Criminal Defense Lawyers in Travis County Can Help with Your Case
Many people do not think it is a serious offense to possess drug paraphernalia, but that is not always the case. All criminal charges should be taken very seriously to ensure your future is protected. At Granger and Mueller, PC, our Travis County criminal defense lawyers can advise on the most effective defense strategy for you and argue your case to give you the best chance of retaining your freedom. Call us now at (512) 474-9999 or contact us online to schedule a consultation and to learn more about how we can help.