possession of drug paraphernalia

Possession of Drug Paraphernalia in Texas | Drug Defense

What is Possession of Drug Paraphernalia in Texas?

Possession of Drug Paraphernalia in Texas is a Class C citation, punishable by up to a $500 fine. You cannot go to jail as punishment for mere possession of drug paraphernalia in Texas. Delivery of drug paraphernalia is generally a Class A misdemeanor, while delivery of drug paraphernalia to someone under the age of 18 is a State Jail Felony.

Does this mean you should go ahead and plead guilty and pay your fine? In many cases, the answer is, “no.” If you pay the fine and plead guilty you will be accepting a conviction on your record.

Examples of Drug Paraphernalia

drug paraphernalia

This is a common scenario in every city across Texas: An officer walks up to a car and smells the odor of marijuana in the car. The officer searches the car and finds evidence that marijuana or another drug was recently in the car. The officer charges the person with possession of drug paraphernalia. Common examples include:

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    • drug pipes
    • rolling papers
    • scales
    • plastic baggies
    • grinders
    • roach clips

Should you hire a criminal defense firm or a ticket attorney?

While we generally leave Class C matters to “ticket attorneys,” every year we handle a handful of Class C charges when the charge is from the Tarrant-Dallas area, and the recipient of the citation is a professional or university student who is interested in not only the outcome of the citation but also in a future expunction.

There are three ways to avoid a conviction for a Class C citation in Texas. Our first goal is to resolve the ticket through a dismissal, acquittal, or in another fashion that makes the citation expunction-eligible. We also talk to our clients about their expunction possibilities and how quickly they can get an expunction. This varies based on jurisdiction.

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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese
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