Penal Code · §481.125
Possession or Delivery of Drug Paraphernalia
Elements
- A person
- Knowingly or intentionally
- Uses or possesses with intent to use drug paraphernalia (§481.125(a)); OR delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing or under circumstances where one reasonably should know it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance (§481.125(b–d))
Penalty
Possession (§481.125(a)): Class C misdemeanor — fine up to $500 (§12.23). Delivery (§481.125(b)): Class A misdemeanor — up to 1 year county jail + up to $4,000 fine (§12.21). Delivery to a minor (under 18) by an adult 18+, who is at least 3 years older than the minor (§481.125(c)): State jail felony — 180 days to 2 years + up to $10,000 fine (§12.35).
Enhancements
Repeat delivery offenders may face elevated punishment. Forfeiture of paraphernalia and proceeds under Tex. Code Crim. Proc. ch. 59 typically follows.