Possession or Delivery of Drug Paraphernalia
Knowingly or intentionally uses or possesses drug paraphernalia. Delivery, possession with intent to deliver, or manufacture for delivery is a Class A misdemeanor; enhancements apply with priors and certain victims.
To prove this offense, the State must establish each of the following elements: Possession / use of paraphernalia: Class C; Delivery / PWID: Class A; Delivery to minor with statutory age gap: state jail felony.
The base classification is Class C misdemeanor (possession/use), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Possession / use of paraphernalia: Class C
- Delivery / PWID: Class A
- Delivery to minor with statutory age gap: state jail felony
Knowingly or intentionally uses or possesses drug paraphernalia. Delivery, possession with intent to deliver, or manufacture for delivery is a Class A misdemeanor; enhancements apply with priors and certain victims.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Delivery / PWID / manufacture for delivery | Class A misdemeanor | §481.125(b) |
| Delivery to minor (actor 18+, recipient under 18, ≥3 yrs younger) | State jail felony | §481.125(d) |
Practice 2 questions on this topic
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Worked examples
Possession of drug paraphernalia under §481.125 is what level?
- Class C misdemeanor Correct
- Class B misdemeanor
- Class A misdemeanor
- State jail felony
Delivery of drug paraphernalia to a minor under §481.125(d) — by an adult actor (18+) where recipient is a minor at least 3 years younger — is what level?
- Class A misdemeanor
- State jail felony Correct
- Class C misdemeanor
- 3rd degree felony