Health & Safety 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.

The base classification is Class C misdemeanor (possession/use), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Possession / use of paraphernalia: Class C
  • Delivery / PWID: Class A
  • Delivery to minor with statutory age gap: state jail felony
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 to
Delivery / PWID / manufacture for deliveryClass A misdemeanor
Delivery to minor (actor 18+, recipient under 18, ≥3 yrs younger)State jail felony

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Worked examples

Worked example 1

Possession of drug paraphernalia under §481.125 is what level?

  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 / PWID is Class A; delivery to minor (3+ years younger by adult actor) is state jail.
Statute: Tex. Health & Safety Code §481.125
Worked example 2

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?

  1. Class A misdemeanor
  2. State jail felony Correct
  3. Class C misdemeanor
  4. 3rd degree felony
Why: Specific enhancement: delivery of paraphernalia to a minor by an adult actor with statutory age gap = state jail felony.
Statute: Tex. Health & Safety Code §481.125(d)