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Possession of drug paraphernalia is a federal offense

| Jul 15, 2021 | Criminal Defense

When federal law enforcement agents arrest a person for selling drug paraphernalia to another person, they intend to file federal charges against the person. It’s illegal for anyone to sell paraphernalia to anyone by using interstate commerce or the U.S. mail system. It is also illegal to export drug paraphernalia to a different country.

Someone who is convicted in federal court of this offense may be sent to prison for up to three years, according to Title 21 United States Code (USC) Controlled Substances Act. They may also be fined, under the provisions of title 18.

How is selling or giving drug paraphernalia a federal crime?

Federal law enforcement agencies such as the Drug Enforcement Agency (DEA) are responsible for ensuring that illegal drugs and paraphernalia are not being sold or trafficked to people who want to buy either the paraphernalia or the drugs for personal use. If someone sells either of these items to another person in the state of Texas, the act is still considered a federal offense.

The person who sells either or both of these items has been accused of violating federal law. This is what makes it a federal crime. In the same way, violating a Texas state law makes the offense a state offense.

What is drug paraphernalia?

Drug paraphernalia may consist of:

  • Water pipes
  • carburetion tubes, devices, smoking and carburetion masks
  • Pipes (metal, acrylic, glass, wooden, plastic, stone or ceramic)
  • Roach clips or any device used to hold a burning material (marijuana cigarette)
  • Chillums
  • Air-driven pipes
  • Ice pipes or chillers
  • Bongs

Any evidence that describes the paraphernalia or gives instructions on its use is also considered in deciding what is or is not drug paraphernalia.