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
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.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Delivery / PWID / manufacture for delivery | Class 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
Possession of drug paraphernalia under §481.125 (without intent to deliver) is what level of offense?
- Class C misdemeanor Correct
- Class B misdemeanor
- Class A misdemeanor
- State jail felony