Although Texas is becoming slightly more lenient with its prosecution of marijuana possession, if you’ve been arrested with marijuana, THC oil or dabs, you may also be facing charges for possession of drug paraphernalia. That is, the things commonly used to smoke or ingest cannabis, such as:
- A dab rig,
- E-rig, or
- Vaporizer.
You could also face possible drug charges for possession of an e-cigarette (e-cig), or vape pens, if police think that you used it to ingest illegal drugs. Generally, people aren’t charged for possession of drug paraphernalia on its own. It’s a charge that gets added on when you are charged with possession of marijuana/cannabis, THC oil or dabs.
Being found guilty of possession of drug paraphernalia can enhance other criminal charges, with penalties from fines to time in jail.
- The lowest level charge for possession of drug paraphernalia is a Class C misdemeanor with a fine of up to $500.
- Were you giving or selling a dab rig or vape pen that police think was intended for use with THC? Intent or attempting to deliver drug paraphernalia can be charged as a Class A misdemeanor. That could result in a fine of up to $4,000 and up to a year in jail.
- If the person receiving the e-rig or dab-rig is under 18 (and the provider is at least 3 years older), you could face felony charges, a fine up to $10,000, and prison time.
What Is Considered Drug Paraphernalia?
The police and DA have a pretty loose definition of what is drug paraphernalia. A lot of everyday household items could fit that description: a scale, a blender, mixing bowls, plastic baggies, balloons, envelopes.
Other not-so-typical things that you could be charged with using as drug paraphernalia include a grow tent (which you could also use for sprouting veggie seedlings or growing food hydroponically) and gardening supplies. It could be cigarette papers and a rolling machine, which people use to make their own loose-leaf tobacco cigarettes more cheaply.
Chemistry lab equipment and testing equipment can be considered paraphernalia, as can empty capsules.
If you are facing criminal charges for drug possession along with possession of a dab rig or vape pen with THC residue, the Fort Worth criminal defense attorneys at Lee and Wood, LP. Call 817-678-6771 or contact us online.