Texas police officers and prosecutors have a reputation for being quite strict. While many other states have begun reforming controlled substance laws and employing a more lenient attitude toward those accused of minor drug offenses, Texas has not followed that trend.
It is still common for police officers to arrest people for minor possession offenses and for prosecutors to bring the hardest charges possible against those accused of a drunk crime. In addition to pursuing serious charges for drug possession, prosecutors frequently bring multiple charges for a single incident whenever possible. For example, someone found with drugs in their possession might also face paraphernalia charges. Those found with certain tools but no drugs might also face paraphernalia charges.
What constitutes paraphernalia?
Under Texas state law, a variety of seemingly harmless tools might constitute drug paraphernalia. Postage scales and digital scales may look like paraphernalia to the police. Any sort of packaging that people might use for drugs might also appear to be paraphernalia for police officers.
Household items associated with the storage or consumption of drugs could also lead to paraphernalia
charges. Butane torches, glass pipes and syringes can all lead to paraphernalia charges. Any items associated with the production or cultivation of drugs could also lead to paraphernalia charges. Laboratory equipment and even gardening materials may lead to paraphernalia charges.
What penalties come from paraphernalia charges?
Simply having paraphernalia in one’s possession is enough to lead to criminal prosecution. The police don’t need to find any drugs at all to charge someone with a drug paraphernalia offense. Possession of drug paraphernalia is a Class C misdemeanor under current Texas laws.
A conviction can result in fines and driver’s license suspension. In some cases, chemical testing of the paraphernalia could lead to drug possession charges when there are not obvious quantities of drugs present. Even the residue of certain substances on paraphernalia could lead to possession allegations.
In scenarios where there are accusations of distributing paraphernalia to others, the charges and penalties can be more serious. The age of the recipient and the scope of distribution operations influence the charges and penalties possible.
Sometimes, police officers misunderstand a situation. They assume the worst and arrest those who did not actually break the law. Those facing paraphernalia charges in Texas may need assistance responding to their pending drug charges. While possession of paraphernalia is technically a misdemeanor, such charges can have a chilling effect on an individual’s future opportunities unless they fight back successfully in criminal court.