Penal Code · §481.125

Possession or Delivery of Drug Paraphernalia

Q: Possession of drug paraphernalia under §481.125 (without intent to deliver) is what level of offense?

Class C misdemeanor Possession or use of drug paraphernalia is a Class C misdemeanor (fine only, up to $500). Delivery or possession with intent to deliver is enhanced (Class A baseline; state jail with priors and certain victims).

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)

Potential Penalty Enhancements

If this condition applies…	Charge escalates to
Delivery / PWID / manufacture for delivery	Class 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 (without intent to deliver) is what level of offense?

Class C misdemeanor Correct
Class B misdemeanor
Class A misdemeanor
State jail felony

Why: Possession or use of drug paraphernalia is a Class C misdemeanor (fine only, up to $500). Delivery or possession with intent to deliver is enhanced (Class A baseline; state jail with priors and certain victims).

Statute: Tex. Health & Safety Code §481.125