Being charged with a drug crime can occur even if you are not in possession of drugs. In some instances, the mere presence of drug paraphernalia can be enough to convict someone. To law enforcement, paraphernalia indicates that you have possessed an illegal substance, or will possess it in the future.
What is considered drug paraphernalia?
Drug paraphernalia, under Texas Law, is considered any equipment, material, or product that is used to plant, grow, cultivate, harvest, manufacture, compound, convert, process, prepare, produce, repackage, contain, or store any controlled substance. With such a broad categorization, there are many things law enforcement can choose to identify as drug paraphernali and make an arrest for.
Common paraphernalia seized by law enforcement includes:
- Roach clips
- Bongs
- Spoons
- Coffee and spice grinders
- Gas masks
- Large quantities of cash
- Rolling papers
- Needles and syringes
- Paper clips
- Pipes
- Plastic baggies
If you have been caught with any of the above items, along with many others, you may be arrested for possessing drug paraphernalia with the intent to deliver.
What am I facing with a drug paraphernalia charge?
There are a number of factors can determine what you will be charged with. For a Class C misdemeanor, you can face up to $500 in fines. A Class A misdemeanor can result in jail time up to one year and a $4,000 fine. A felony paraphernalia conviction could sentence you to two years in jail and a $10,000 fine. If you have other drug convictions, if you have delivered drug paraphernalia to a minor, or have bene charged with any other offenses, you may face harsher penalties.
For some instances, the Dallas County’s Diversion and Expedited Rehabilitation and Treatment program allows an individual to be sentenced to an alternative punishment as long as they do not have any additional criminal charges. If you are wondering how you may be affected by drug paraphernalia charges or if the alternative program can apply to your case, contact the experienced Texas drug crimes attorneys at the Zendeh Del Law Firm, PLLC.