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McKinney Texas Criminal Law Blog

Have you been charged with Possession of Drug Paraphernalia?

Posted by Matthew Maddox | Sep 22, 2021 | 0 Comments

In Texas, it's illegal to buy, sell, grow, or possess marijuana unless you are authorized to do so for medical purposes. That also applies to THC oil and dabs, a concentrated and more potent form of cannabis. 

What many people don't know is that it's also illegal to possession the drug paraphernalia required to smoke or ingest these forms of cannabis:

  • A dab rig,
  • e-rig,
  • e-cigarette,
  • vaporizer, or
  • vape pen.

Of course, a lot of people use e-cigarettes, or vape pens, for things other than cannabis. The criminal charge for possession of drug paraphernalia is usually an additional charge, on top of the original criminal charge of sale or possession of cannabis, THC oil or dabs. 

Depending on the criminal charge, the consequences can range from a fine to years in jail. 

  • A charge of possession or use of drug paraphernalia is usually a Class C misdemeanor with a fine up to $500.
  • A charge of intent or attempting to deliver drug paraphernalia can be a Class A misdemeanor, with penalties of up to a year in jail and up to $4,000 in fines
  • For felony charges of providing drug paraphernalia to a minor – if the “provider” is 18 or older and the person receiving the paraphernalia is at least 3 years younger – the penalty can be a fine up to $10,000 and 180 days up to 24 years behind bars.

Was It Considered Drug Paraphernalia?

Texas Health and Safety Code § 481.125 says that a person has committed a criminal offense if they knowingly or intentionally use, or possess with intent to use, drug paraphernalia in order to:

  • Plant, propagate, cultivate, grow, harvest manufacture, compound, convert, produce, process, prepare, test, analyze pack, repack, store, contain, or conceal a controlled substance,
  • Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

So, drug paraphernalia could include a grow tent, gardening supplies, baggies, syringes, cigarette papers, packaging materials, chemistry lab equipment, testing equipment, a scale, a sifter or blender or bowls and spoons, balloons, envelopes, capsules… the list is long. If you are facing criminal charges for possession of marijuana, THC oil or dab, as well as possession of drug paraphernalia, talk with a McKinney criminal defense lawyer at Maddox Law. Call 972-546-2496 or contact us online. You will not find a lawyer who will fight harder for you!

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Matthew Maddox



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