Penal Code · §481.125

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: Knowingly/intentionally uses or possesses drug paraphernalia; Class C misdemeanor (possession/use); Delivery or PWID: Class A; enhancements apply.

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

  • Knowingly/intentionally uses or possesses drug paraphernalia
  • Class C misdemeanor (possession/use)
  • Delivery or PWID: Class A; enhancements apply
Texas Law — Charge Details
Class C Misd. → State Jail Felony
Offense
Possession or Delivery of Drug Paraphernalia
Statute
Tex. Health & Safety Code §481.125
Classification
Class C misdemeanor (possession/use)

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.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Delivery / PWID / manufacture for deliveryClass A misdemeanor§481.125(b)
Delivery to minor (actor 18+, recipient under 18, ≥3 yrs younger)State jail felony§481.125(d)

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Worked examples

Worked example 1

Possession of drug paraphernalia under §481.125 (without intent to deliver) is what level of offense?

  1. Class C misdemeanor Correct
  2. Class B misdemeanor
  3. Class A misdemeanor
  4. State jail felony
Why: Possession or use of drug paraphernalia is a Class C misdemeanor (fine only, up to $500). Delivery or possession with intent to deliver is enhanced (Class A baseline; state jail with priors and certain victims).
Statute: Tex. Health & Safety Code §481.125