The drug laws in Frisco, Texas are far-reaching. Most people understand that you can be arrested for selling or possessing drugs, but many people do not realize that you can be arrested for having drug paraphernalia, even if no drugs were found.
In Frisco, Texas, you can be charged with possession of drug paraphernalia if you knowingly:
- Use drug paraphernalia;
- Possess drug paraphernalia with the intent to use it;
- Possess drug paraphernalia with the intent to deliver it to another individual, or
- Manufacture drug paraphernalia with the intent to deliver it to another individual.
Possession of drug paraphernalia charges is serious. If you have been charged, it is critical to reach out to an experienced criminal defense attorney immediately.
What is Drug Paraphernalia in Frisco?
Drug paraphernalia includes a wide range of objects. Texas law considers drug paraphernalia to be any equipment, material, or product used to plant, grow, cultivate, harvest, manufacture, compound, convert, process, prepare, produce, repackage, contain, or store any controlled substance.
Almost anything can be drug paraphernalia in the right context, including basic household items or items sold in tobacco smoke shops. Typical objects used as drug paraphernalia in Frisco include:
- Roach clips;
- Hypodermic needles or syringes;
- Separation gins or sifters used for cleaning and refining marijuana;
- Spoons, blenders, or bowls;
- Baggies, balloons, or vials;
- Rolling papers;
- Razor blades; and
How Will a Court Decide if an Object is Drug Paraphernalia in Frisco?
To be convicted on possession of drug paraphernalia charges in Frisco, the prosecutor must show that the item was intended for illegal use. One way that an attorney can defend a drug paraphernalia case is to argue that you were using the object for legitimate purposes. This argument becomes much stronger if the police did not find any drugs at the time of the arrest.
Because identifying drug paraphernalia can be complicated, Texas Health and Safety Code § 481.183 lays out the eleven factors that a court will consider:
- Statements by the owner or person in control of the object concerning its use;
- The existence of any residue of a controlled substance on the item;
- Direct or circumstantial evidence of the intent to deliver the object to a person who you know or reasonably should know will use it to violate Texas drug laws;
- Oral or written instructions provided with the object concerning its use;
- Descriptive material accompanying the object that explains or depicts its use;
- The way that the object is displayed for sale;
- Whether the owner or person in control of the object is a supplier of similar or related items, such as a licensed distributor or dealer of tobacco products;
- Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
- The existence and scope of uses for the object in the community;
- The physical design characteristics of the item; and
- Expert testimony concerning the item’s use.
The court will look at the totality of the circumstances and have a lot of discretion when deciding whether to classify an object as drug paraphernalia. Having a qualified attorney on your side is critical.
Do You Need an Attorney for a Possession of Drug Paraphernalia Charges?
Possession of drug possession charges typically result in misdemeanor charges, but you must take them seriously. Though less severe than felony charges, penalties can include community service, diversion programs, license suspension, fines, and jail time. A Class A misdemeanor is penalized with jail time of up to one year and up to a $4,000 fine. If you were selling drug paraphernalia to a minor or are a repeat offender, you could be facing felony charges.
In addition, a conviction will become part of your criminal record and result in several long-term consequences. Your employment, education, and housing can all be impacted by a criminal conviction. Don’t make the mistake of thinking that your case is not important enough to hire an attorney.
Your Frisco Criminal Defense Attorney
If you or a loved one is facing possession of drug paraphernalia charges, you should reach out to an experienced Frisco criminal defense attorney. Philip D. Ray is an experienced Frisco attorney who will make sure that your rights are protected. Call Philip D. Ray today to schedule a consultation at (214) 845-7987.