Paraphernalia
Health & Safety 481.125 — using or possessing with intent to use is a Class C misdemeanor
Use or possession. A person commits an offense by knowingly or intentionally using, or possessing with intent to use, drug paraphernalia to grow, manufacture, prepare, test, pack, store or conceal a controlled substance in violation of the chapter, or to inject, ingest, inhale or otherwise introduce one into the body. The offense is a Class C misdemeanor.
Delivery. Knowingly delivering, possessing with intent to deliver, or manufacturing with intent to deliver drug paraphernalia, knowing the recipient intends to use it that way, is a Class A misdemeanor. Delivering it, at 18 years of age or older, to someone younger than 18 years of age and at least three years younger is a state jail felony.
Calling for help. It is a defense to the possession offense that the person was the first to request emergency medical assistance for another person's possible overdose, during an ongoing emergency, stayed on the scene until help arrived, and cooperated; or was the victim of a possible overdose for which help was requested.
Limits on the defense. The defense is not available in the circumstances the section lists, such as when a peace officer was already in the process of an arrest or search when the request was made.
What counts as drug paraphernalia is defined elsewhere in the law, and the cannabis rules have their own page. Whether an object found in a particular search is paraphernalia is a question of fact and law for a licensed Texas attorney.
Sources for this section (1)
- Health & Safety 481.125 — Possession or delivery of drug paraphernalia
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.