Drug Paraphernalia Attorney in Texas

"Drug paraphernalia can be just about anything as defined in the legal code."

"Having a skilled lawyer to keep these definitions reasonable is imperative to your case."

What is drug paraphernalia?

Drug paraphernalia is any item that can be used as a drug processing, packaging, or consumption mechanism. This includes any items that you legally purchased in a store or head shop. The definition of what is or is not drug paraphernalia will largely be the realm  your criminal defense lawyer defends. Prosecutors and investigators sometimes mistakenly label items as being paraphernalia when they are ordinary mundane items, and this is why you need an attorney like those at the Law Firm of Matthew Pillado to fight for your side of the case.

The State of Texas classifies the following items as paraphernalia:

A person knowingly or intentionally possessing an item (drug paraphernalia) with the intent to: plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance.

Your drug possession lawyer from Matthew Pillado PLLC, with protect your rights and keep only the facts in light.

Contact the Law Firm of Matthew Pillado now for a Fast Consultation

800-672-3911

What is the penalty for possession of drug paraphernalia?

Basic possession of drug paraphernalia is a Class C misdemeanor, which carries a penalty of fines up to $500.

The possession of items with intent to distribute or sell drug paraphernalia is a Class A misdemeanor, which can result in up to a year in jail and some hefty fines.

Multiple charges over time, such as a second or third charge will often lead to enhanced charges.

Selling drug paraphernalia to a minor under the age of 18 is a State Jail felony.

Driver’s License Suspension

A drug conviction of any type will lead to a driver’s license suspension of 180-days for persons over 21 and up, and a year for anyone under the age of 21. This is so long as your case is not dismissed and if you do not obtain deferred adjudication probation.

Possession of Marijuana, possession of drug paraphernalia, possession of a controlled substance or possession of a dangerous drug cases lead to immediate and automatic suspension of a driver’s license.

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Texas Health and Safety Code

HEALTH & SAFETY § 481.125. Offense:  Possession or Delivery of Drug Paraphernalia

 (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use 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 in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

 (b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

 (c) A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor.

 (d) An offense under Subsection (a) is a Class C misdemeanor.

 (e) An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days.

 (f) An offense under Subsection (c) is a state jail felony.

Contact the Law Firm of Matthew Pillado now for a Fast Consultation

800-672-3911

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