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Can you face charges for having drug tools without drugs?

On Behalf of | Jan 28, 2025 | Drug Charges

Many people don’t realize you can face drug charges without using or even possessing actual drugs. In Texas, having items that law enforcement considers drug paraphernalia can lead to serious legal problems. You might think some of these items seem harmless, but prosecutors take these charges seriously.

What counts as drug paraphernalia in Texas

According to state law, drug paraphernalia is any equipment, products or materials for using drugs. Additionally, drug paraphernalia includes any tools for planting, growing, or testing controlled substances.

The police look at several factors to decide if an item counts as paraphernalia. Drug residue is a major deciding factor. But even without the controlled substance itself, labels or instructions for using or growing drugs can potentially incriminate you.

Items that could lead to charges

When you think of drug equipment and tools, you might think of pipes, bongs, rolling papers or even syringes and needles. You’re not wrong—but those aren’t the only items that count as drug paraphernalia. Many everyday items also qualify:

  • Scales and measuring devices
  • Ziploc bags or other containers
  • Butane torches
  • Tin or aluminum foil
  • Electric blender

These everyday items typically count as drug paraphernalia and are linked to the manufacture and distribution of controlled substances.

Consequences of drug paraphernalia charges

A drug paraphernalia charge in Texas counts as a Class C misdemeanor. You could pay up to $500 in penalties.

Additionally, more than one arrest or conviction means bigger fines. If the police think you plan to sell these items, you may face jail time and pay even higher penalties.

Protect yourself from paraphernalia charges

Never agree to hold or store items that might count as drug paraphernalia, even for friends. If police find these items in your possession, avoid explaining or arguing with them. An experienced criminal defense attorney may offer guidance on protecting your rights and help you explore your options to build a strong defense strategy.