Those who are found with illegal drugs on their person can expect to face criminal charges. However, if you were searched by the police and drugs were not found but drug paraphernalia was found, you may be surprised to know that you may also face criminal charges.
If you are worried about the legal consequences of owning any type of drug paraphernalia, you must pay close attention to both federal laws and the law in Texas.
What is drug paraphernalia?
Drug paraphernalia is a broad term because it can constitute any type of equipment that can be used to manufacture or administer drugs. For example, drug paraphernalia could take the form of pipes, bongs or cocaine kits. However, ordinary household items such as scales and measuring spoons could also constitute drug paraphernalia when they are found in suspicious circumstances.
What is the law on the possession of drug paraphernalia?
Federal law does not make the simple possession of drug paraphernalia a crime. However, if you possess drug paraphernalia that would give law enforcement officers a reason to believe that you are manufacturing drugs and that you have the intent to deliver, you may face arrest.
What charges will I face?
If law enforcement officials have a reason to suspect that you have been manufacturing drugs, they will likely confiscate the drug paraphernalia found and submit it for testing. There may be traces of drugs that are found in the paraphernalia itself, which may lead the defendant to be charged with a drug possession crime.
If you are found to have been selling drug paraphernalia but you are not found to have any involvement with the sale of illicit drugs, you will face a maximum sentence of three years and a fine.
How can I defend myself against drug paraphernalia charges?
If you are suspected of selling drug paraphernalia, you may be able to give a good reason why a significant amount of stock was found in your possession. You may also be able to dispute that the paraphernalia was under your possession. For example, you may want to argue that you were unaware that the objects were found on your property.
If you are worried about facing charges relating to drug paraphernalia, you must take action to adequately defend yourself.