Most mind-altering drugs require a degree of processing. Much of that processing occurs at the production or distribution level. However, people who consume drugs usually require tools to do so.
Some drugs are injectable, requiring that people have syringes and tourniquets. Other times, specialized pipes can play a role in the consumption of smokable drugs. Items used to store, weigh or package drugs can also constitute paraphernalia under the law.
Even tools used to process and manufacture drugs may technically be illegal drug paraphernalia. Frequently, police officers who find drugs in people’s possession also find paraphernalia at the same time. How does the possession of objects related to drug consumption or distribution influence criminal charges?
Providing critical evidence
In many cases, drug residue on consumption tools or scales provides the basis for possession charges. Police officers may not find someone with a large quantity of a controlled substance in their possession. However, they may have paraphernalia with detectable residue.
Even minuscule amounts of drugs left behind on tools used to consume those substances can be enough to justify drug possession charges. Paraphernalia found in a vehicle or residence could lead to drug charges even if police officers never find actual drugs while searching.
Triggering secondary charges
The possession of drug paraphernalia is a crime on its own under Texas state law. Even without any residue showing that someone has used the paraphernalia to consume or handle drugs, the state could charge an individual based on their possession of smoking tools, syringes and similar objects.
Possession of paraphernalia is a crime on its own. So long as the items are for personal use, the state may pursue a Class C misdemeanor charge against the defendant. The defendant may need to pay a fine of up to $500.
While possession of paraphernalia doesn’t usually lead to incarceration, it does lead to a criminal record. People facing drug charges, including offenses based on residue or complicated by secondary paraphernalia charges, have a lot at risk.
Developing an appropriate criminal defense strategy can be of the utmost importance after drug charges. People accused of paraphernalia-related drug crimes may benefit from reviewing their situation carefully to evaluate different defense strategies.