Possession of Drug Paraphernalia (PDP)

Home Criminal Defense Drug Crimes PDP

Explanation of the Law
The Law
Punishment Ranges

Explanation of the Law

Police will consider just about any ordinary item to be drug paraphernalia depending on the surrounding circumstances. A pipe only used to smoke tobacco could be considered drug paraphernalia if marijuana is nearby, even if no marijuana residue is found on or in the pipe. Same goes for a lighter. An item normally used to light cigarettes or candles could be considered drug paraphernalia if found near drugs. The same applies to plastic baggies, fertilizer, grow lights, and other gardening equipment.

If you are a business and plan on selling items that could potentially be used as drug paraphernalia you should contact a lawyer before placing the items up for sale. There are ways to comply with the law, protect yourself and your business, and still sell the items. Failure to comply with the law could result in criminal charges, up to a year in jail, and up to a $4000 fine.

The Law

TEXAS HEALTH AND SAFETY CODE - 481.125. 
OFFENSE:  POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA.

	(a) A person commits an offense if the person 
knowingly or intentionally uses or possesses with intent to use 
drug paraphernalia to plant, propagate, cultivate, grow, harvest, 
manufacture, compound, convert, produce, process, prepare, test, 
analyze, pack, repack, store, contain, or conceal a controlled 
substance in violation of this chapter or to inject, ingest, 
inhale, or otherwise introduce into the human body a controlled 
substance in violation of this chapter.
	(b)  A person commits an offense if the person knowingly or 
intentionally delivers, possesses with intent to deliver, or 
manufactures with intent to deliver drug paraphernalia knowing that 
the person who receives or who is intended to receive the drug 
paraphernalia intends that it be used to plant, propagate, 
cultivate, grow, harvest, manufacture, compound, convert, produce, 
process, prepare, test, analyze, pack, repack, store, contain, or 
conceal a controlled substance in violation of this chapter or to 
inject, ingest, inhale, or otherwise introduce into the human body 
a controlled substance in violation of this chapter.
	(c)  A person commits an offense if the person commits an 
offense under Subsection (b), is 18 years of age or older, and the 
person who receives or who is intended to receive the drug 
paraphernalia is younger than 18 years of age and at least three 
years younger than the actor.

Punishment Ranges

An offense under Subsection (a) is a Class C misdemeanor which carries a maximum fine of $500.
An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days.
An offense under Subsection (c) is a state jail felony which could result in at least 180 days up to 2 years in jail and a $10,000 fine.

We Can Help

At the Law Office of Justin Copeland we are dedicated to defending the rights of those in need, and we are committed to the presumption of innocence. We believe in our clients and will aggressively defend your rights, no matter the situation. We recognize that every case is different, and we will build a custom defense strategy based solely on the merits of your case. You can rest assured that we will aggressively fight for your rights.

While we deal with the legal issues in your case, we fully understand the pressures and anxieties that you have to deal with on a day to day basis. We will work to help you through this very difficult time. We are committed to providing you with a helping hand as well as an aggressive legal representation.

Contact an Austin Criminal Defense Lawyer at the Law Office of Justin Copeland Today

At the Law Office of Justin Copeland we believe a client's defense is only as good as the relationship with his or her attorney. This relationship is best developed through open communication. For this reason, the Law Office of Justin Copeland is available by phone 24 hours a day, seven days a week, and Mr. Copeland personally returns all of his phone calls. We urge you to contact us today to setup a free initial consultation.

In the News


KXAN - August 6, 2008


The University Star - June 12, 2008

Contact Us

Travis County Office
502 W. 13th St.
Austin, TX 78701

Williamson County Office
(Available by appointment only)
600 Forest St.
Georgetown, TX 78626

Phone: 512.850.4529
Fax: 512.628.6010
Email: info@jcopelandlaw.com

Your Name:


Your Phone Number:


Your Email:


Your Question: