Possession of drug paraphernalia is a very common criminal offense in San Antonio, Texas. Although it usually results in only Class C misdemeanor charges, it is often the collateral consequences that prove to be the most detrimental. Having a drug-related conviction on your criminal record could place limitations on your future. You can take an important step in protecting your future by contacting an experienced San Antonio drug defense lawyer.
Definition of Drug Paraphernalia
Under Texas Health and Safety Code section 481.002(17), drug paraphernalia is defined as any equipment, product, or material that is used or intended to be used for the purpose of planting, cultivating, manufacturing, producing, processing, testing, packaging, storing, or concealing a controlled substance. An object can also be considered drug paraphernalia if its purpose is to aid in the inhaling, injection, or consumption of drugs into the human body.
Some objects that are commonly classified as drug paraphernalia in San Antonio include:
- Plastic containers
- Ziploc bags
- Roach clips
- Mixing devices
- Rolling papers
In order to be convicted of an offense involving Drug Paraphernalia, the prosecution must be able to prove that the object in question was used or was intended to be used in conjunction with drugs. Your drug defense lawyer may be able to disprove the prosecution’s theory, which could lead to having the charges against you dismissed.
Possession of Drug Paraphernalia Charges in San Antonio
According to § 481.125 of the Texas Health and Safety Code, an individual can be charged with possession of drug paraphernalia if he or she knowingly or intentionally use or possess with the intent to use drug paraphernalia for containing, growing, planting, cultivating, storing, harvesting, compounding, producing, manufacturing, converting, processing, packaging, testing, analyzing, or concealing any controlled substance or for the purpose of injecting or introducing an illegal drug or controlled substance into the human body.
Penalties for Possessing Drug Paraphernalia in Texas
Possession of Drug Paraphernalia is considered a Class C misdemeanor, which is punishable by a fine up to $500. However, a conviction for drug paraphernalia can result in a criminal record. Additionally, this offense can result in more serious penalties and punishments if you are also found to have drugs or any type of controlled substance in your possession.
Delivery of Drug Paraphernalia in Texas
An additional offense related to possession of drug paraphernalia is the crime delivery of drug paraphernalia. Under Texas Health and Safety Code § 481.125, an individual can be charged with this offense if they knowingly or intentionally:
- Possess with the intent to deliver, or
- Manufacture with intent to deliver
any drug paraphernalia intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal an illegal controlled substance or use the paraphernalia for the purpose of introducing any unlawful controlled substance into the human body.
Penalties for Delivery of Drug Paraphernalia in Bexar County
Depending on the circumstances, a drug paraphernalia possessions charge could result in a Class C misdemeanor, Class A misdemeanor, or state jail felony. If convicted of a Class C misdemeanor, an individual can be ordered to pay a fine of up to $500. However, delivery of drug paraphernalia to a minor under the age of 18 by an adult is considered a state jail felony.
Additionally, if the alleged offender has a previous delivery of a drug paraphernalia conviction, the penalties increase and they face a mandatory jail sentence of 90 days to one year in jail if they are convicted.
- A conviction for a Class C misdemeanor drug paraphernalia possession offense can result in a fine up to $500.
- A conviction for a Class A misdemeanor drug paraphernalia delivery charge can result in a jail sentence of up to one year and/or a fine not to exceed $4,000.
- A conviction for a state jail felony delivery of drug paraphernalia offense carries a jail sentence from 180 days to two years and a fine up to $10,000.
Drug paraphernalia tickets can have serious consequences to a person’s record if not defended properly. Tickets like this can cause a person to lose out on job opportunities, education opportunities, and many other future opportunities. If you have received a drug paraphernalia ticket in San Antonio, it is in your best interest to consult with an attorney after the charge has been filed to discuss your options. Many people make the mistake of not hiring a lawyer, plead guilty and pay the fine. This decision leads to a drug crime conviction and a permanent criminal record. If you ignore the ticket or fail to show up to court, a warrant can be issued for your arrest and the penalties or punishment you face can increase.
Drug Paraphernalia Lawyer in San Antonio
Contact The Parent Law Firm today to discuss the circumstances that lead to your possession of drug paraphernalia charges in Boerne, Comfort, San Antonio, Bexar County, Kendall County and the surrounding areas.
As an experienced drug crimes lawyer in San Antonio, Dave Parent will thoroughly analyze the evidence in your case, and develop a defense strategy that is designed to obtain your desired outcome. Contact The Parent Law Firm today at 210-819-4111 if you have been arrested for drug paraphernalia charges, free of charge.