Possession of Drug Paraphernalia in Texas

March 11, 2024 | By Shane Phelps Law
Possession of Drug Paraphernalia in Texas

Facing charges of possession of drug paraphernalia can be overwhelming, especially if you’re uncertain about the legal implications. In Bryan, Texas, possessing items associated with drug use can lead to serious consequences.

At Shane Phelps Law, we are experienced at defending individuals facing drug charges. Our Bryan drug crime lawyers provide compassionate support and skilled legal representation to navigate through this challenging time.

What Constitutes Drug Paraphernalia in Texas?

Not only can you be arrested in Texas for possession of any amount of drugs, but you can also face criminal charges for possession of items associated with the drug. Drug paraphernalia encompasses various items used in the consumption, distribution, or production of illegal substances. Some common examples include:

  • Pipes, bongs, grinders, and rolling papers linked with marijuana use.
  • Glass and metal pipes used for smoking crack cocaine and methamphetamine.
  • Syringes for injecting heroin and similar drugs.
  • Chemicals and equipment utilized in drug manufacturing.
  • Small plastic baggies and packaging materials.
  • Scales for weighing drugs.
  • UV lights and cultivation tools for growing cannabis.

Penalties for Possession of Drug Paraphernalia

In Bryan, Texas, possessing drug paraphernalia with the intent to use, distribute, or manufacture drugs can result in severe penalties. Understanding the potential consequences is crucial:

Class C Misdemeanor

In Texas, if you knowingly use, possess, or own drug paraphernalia with the intent to use these items to inhale, ingest, inject, package, manufacture, or store drugs, then you could be charged with a Class C misdemeanor. This offense is punishable by a maximum fine of $500 and no jail time. Additionally, your driver’s license will be automatically suspended for 180 days, or one year if you are under 21 years of age.

Class A Misdemeanor

If you knowingly deliver drug paraphernalia or possess such an item to deliver, you could be charged with a Class A misdemeanor, which carries a maximum jail term of one year, a fine of up to $4,000, and license suspension.

State Jail Felony

If the offense involves delivering to a person younger than 18, it becomes a state jail felony with penalties including a sentence between 180 days and two years, a fine of up to $10,000, and license suspension.

How a Lawyer Can Help with Drug Paraphernalia Possession Charges

Navigating through drug paraphernalia charges requires legal experience and support. Our team at Shane Phelps Law is dedicated to protecting your rights and achieving the best possible outcome for your case. We offer:

  • Experienced Legal Representation: We have extensive experience defending individuals facing drug charges in Bryan and College Station.
  • Compassionate Support: We understand the emotional stress associated with criminal charges and provide personalized support throughout the legal process.
  • Commitment to Justice: Our goal is to ensure fair treatment and uphold your rights in every step of your case.

It may be possible for your lawyer to negotiate alternative penalties to resolve your case.

Exploring Alternatives to Incarceration for Drug Offenses

In recent years, there has been a growing recognition that traditional incarceration may not always be the most effective or appropriate response to drug offenses. Instead, alternative sentencing options have emerged, offering individuals charged with drug offenses a chance to address underlying issues while avoiding the harsh consequences of imprisonment.

Here, we delve into some of these alternatives, including drug courts, diversion programs, and probation, and how they can benefit both individuals and the community.

Drug Courts

Drug courts are specialized judicial programs designed to address the root causes of substance abuse and addiction among offenders. Rather than focusing solely on punishment, drug courts aim to provide comprehensive treatment, supervision, and support to participants. These programs typically involve close collaboration between the judiciary, prosecutors, defense attorneys, treatment providers, and other stakeholders.

Participants in drug courts are required to undergo regular drug testing, attend counseling sessions, and comply with treatment plans tailored to their individual needs. Successful completion of the program often results in reduced or dismissed charges, while failure to comply may lead to more traditional sentencing.

Diversion Programs

Diversion programs offer eligible individuals an opportunity to avoid prosecution or conviction by completing specified requirements, such as drug education classes, community service, or rehabilitation programs. These programs are often available to first-time offenders or those charged with non-violent drug offenses.

By diverting individuals away from the criminal justice system, diversion programs aim to address the underlying issues contributing to drug-related offenses and prevent future involvement in criminal activity. Successful completion of a diversion program may result in the dismissal of charges, allowing participants to avoid the stigma and collateral consequences associated with a criminal conviction.


Probation, also known as community supervision, involves the court-ordered supervision of individuals who have been convicted of a crime, including drug offenses. Terms may include requirements such as regular check-ins with a probation officer, compliance with treatment or counseling programs, and adherence to specific conditions, such as abstaining from drug use or maintaining employment.

Probation allows individuals to remain in the community while serving their sentence, providing an opportunity for rehabilitation and reintegration. By offering support and monitoring, probation aims to promote accountability, reduce recidivism, and facilitate successful reentry into society.

Benefits for Individuals and the Community

Alternative sentencing options prioritize rehabilitation and treatment over punishment, addressing the underlying issues driving drug-related offenses and promoting long-term recovery. By addressing substance abuse and providing support services, alternative sentencing programs can reduce the likelihood of individuals reoffending and becoming trapped in the cycle of addiction and incarceration.

Many times, these alternative sentencing options are more cost-effective than traditional incarceration, saving taxpayer dollars while achieving positive outcomes for participants and communities.

By addressing the root causes of drug-related crime and promoting accountability and responsibility, alternative sentencing programs contribute to safer and healthier communities. A lawyer familiar with drug paraphernalia possession and other drug laws in Texas can advocate on your behalf to explore alternative sentencing options.

Contact Shane Phelps Law Today

You don't have to face drug paraphernalia charges alone. If you're in Bryan and need legal assistance, reach out to Shane Phelps Law for a free initial consultation. Let us guide you through this challenging time with empathy, expertise, and a dedication to justice. Don't wait to seek legal guidance. Contact our experienced Bryan criminal defense attorneys today to schedule your free confidential case review. Call 979-773-7028 or contact us online to take the first step toward resolving your drug paraphernalia charges.