Possession of Drug Paraphernalia

Drug Paraphernalia

In Texas Possession of Drug Paraphernalia (PODP) is a class C misdemeanor punishable by up to a $500 fine. Delivery of Drug Paraphernalia or possession with intent to deliver is a class A misdemeanor. With a previous conviction the minimum jail time is 90 days. Delivery or possession with intent to deliver to a child under 18 and at least 3 years younger than actor is a state jail felony. It is punishable by 6 months to 2 years in a state jail or probation 2 years up to 5 and a possible $10,000 fine.

In Texas the Texas Controlled Substances Act Ch 481.125 (a) is Drug Paraphernalia use or intent to use. It presumes use or intent to use. The statute says a 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, or to inject ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Health and Safety Code Chapter 481.

The previous list also applies to delivery and possession with intent to deliver.

What is Considered Drug Paraphernalia in Texas?

There is a variety of items that somehow can be considered drug paraphernalia with several examples as follows:

  • A kit used or intended for use in a species of plant considered a controlled substance or derived from.
  • A material, compound, mixture, preparation, intended for use in manufacturing, compounding, converting, producing, processing or preparing a controlled substance.
  • Device intended for use in increasing the potency of a species of plant that is a controlled substance.
  • Testing equipment used in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.
  • A scale or balance used in weighing or measuring a controlled substance.
  • An adulterant, such as quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, lactose, or absorbent, blotter-type material, that is used to increase the amount or weight of or to transfer a controlled substance.
  • A sifter used or intended for use in removing twigs and seeds from or refining marijuana.
  • A blender, bowl, container, spoon, or missing device used in cleaning or refining marijuana.
  • A capsule, balloon, envelope, or other container used in packaging small quantities of a controlled substance.
  • A container used in storing or concealing a controlled substance.
  • A hypodermic syringe, needle, or other object used in injecting a controlled substance in the human body, and
  • An object used ingesting, inhaling, marijuana, cocaine, hashish or oil in into the human body, for example a pipe.

I have to admit most of my cases only involve bowls, pipes and rolling papers. Sometimes bowls as well. Many times drugs are found as well. Drugs are the more serious crime and paraphernalia tickets become a low priority. Many of the previous items can be used for completely legal uses as well.

Driver License Suspension for Drug Paraphernalia

With a conviction for PODP (Controlled Substances Act) a person can get a 180 drivers license suspension. A minor can lose their driver’s license for a year or 18 months with a subsequent suspension. So it is best to avoid even a first conviction.


(a) A person’s driver’s license is automatically suspended on final conviction of: (1) an offense under the Controlled Substances Act; (2) a drug offense; or (3) a felony under Chapter 481, Health and Safety Code, that is not a drug offense.

(b) The department may not issue a driver’s license to a person convicted of an offense specified in Subsection (a) who, on the date of the conviction, did not hold a driver’s license.

(c) Except as provided by Section 521.374 (b), the period of suspension under this section is the 180 days after the date of a final conviction, and the period of license denial is the 180 days after the date the person applies to the department for reinstatement or issuance of a driver’s license.

Contact me, Eric Torberson, to help solve your legal problems. http://erictorberson.com

Author: Eric Torberson

Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas.