Prosecutors typically need evidence of drugs to secure a drug conviction. For example, to arrest you for possession, they’d usually need to catch you with some drugs on you.
Yet, just because the police do not find drugs does not mean you are in the clear. If they find certain drug-related items, prosecutors might threaten you with drug paraphernalia charges to pressure you into accepting a plea deal.
Here are some items that Texas law can consider to be drug paraphernalia:
Things that could be used to grow or produce illegal drugs
A set of high-intensity lights could see you accused of growing marijuana. Certain chemicals could result in accusations of producing synthetic drugs.
Things related to using illegal drugs
Syringes, pipes and water bongs for example. As with the other categories, delivering these items to other people could also lead to paraphernalia charges.
Things that could be used to distribute illegal drugs
Maybe you have a large collection of small resealable plastic bags because you intend to set up a business selling buttons or hair bands. If those bags are the same size as the ones people commonly sell drugs in, the prosecution may claim you were doing the same.
A set of weighing scales
There are hundreds of reasons you might own an accurate set of scales. The prosecution however may focus on one only – that you were using them to sell drugs.
The prosecution may even be able to push for charges by arguing you intended to use the items they classify as drug paraphernalia for illegal purposes. They do not necessarily need to show that you have already done so.
You need to act smart and learn about your defense options if facing drug charges as the scope to charge you with something is wide.