Possessing drug paraphernalia in Texas is a Class C misdemeanor, and selling or delivering drug paraphernalia is a Class A misdemeanor, as of 2015. A person caught possessing or selling drug paraphernalia faces up to two years in prison and a $10,000 fine, depending on the circumstances.
Under Section 481.002 (17) of the Texas Controlled Substances Act, drug paraphernalia includes any item a person can use to process, package or consume drugs. Though common household items, such as bags, spoons and bowls, can result in a illegal possession of paraphernalia charge, the most common charges stem from possessing pipes and bongs. First-time offenders charged with illegal possession of paraphernalia face up to a $500 fine.
First-time offenders caught delivering, selling or intending to deliver or sell drug paraphernalia face up to one year in jail and a $4,000 fine. For each subsequent offense, a person faces at least 90 days but no more than 1 year in jail and up to a $4,000 fine. First-time offenders are charged with a misdemeanor. Offenders caught more than once are charged with a felony for each subsequent offense.
Laws are stricter when minors are involved. Offenders caught selling to a minor are charged with a felony and face between 180 days and 2 years in jail and up to a $10,000 fine. For charges stemming from drug-related offenses, Texas defines a minor as someone who is younger than 18 and at least 3 years younger than the person caught selling or intending to sell, who must be older than 18.