Texas statute
Tex. Health & Safety Code § 481.183 — Evidentiary rules relating to drug paraphernalia
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 481: TEXAS CONTROLLED SUBSTANCES ACT, Texas Health and Safety Code.
Full text of Tex. Health & Safety Code § 481.183
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) In considering whether an item is drug paraphernalia under this chapter, a court or other authority shall consider, in addition to all other logically relevant factors, and subject to rules of evidence: (1) statements by an owner or person in control of the object concerning its use; (2) the existence of any residue of a controlled substance on the object; (3) direct or circumstantial evidence of the intent of an owner or other person in control of the object to deliver it to a person whom the person knows or should reasonably know intends to use the object to facilitate a violation of this chapter; (4) oral or written instructions provided with the object concerning its use; (5) descriptive material accompanying the object that explains or depicts its use; (6) the manner in which the object is displayed for sale; (7) whether the owner or person in control of the object is a supplier of similar or related items to the community, such as a licensed distributor or dealer of tobacco products; (8) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (9) the existence and scope of uses for the object in the community; (10) the physical design characteristics of the item; and (11) expert testimony concerning the item's use. (b) The innocence of an owner or other person in charge of an object as to a direct violation of this chapter does not prevent a finding that the object is intended or designed for use as drug paraphernalia.
Official sources
This reference is informational and is not legal advice.