Is a Class C misdemeanor possession of paraphernalia considered a drug offense?

I only received a fine.

Asked on August 6, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Even though it's only a fine, it is still considered a drug charge because it is an offense listed under the health and safety code which sets out the controlled substances laws in Texas.  The level of punish doesn't change the nature of the offense. 

If the Class C misdemeanor is causing problems for your history, then consider applying for an expunction.  There are certain procedures specifically for Class C misdemeanors which allow you to apply for expunctions. 

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Even though it's only a fine, it is still considered a drug charge because it is an offense listed under the health and safety code which sets out the controlled substances laws in Texas.  The level of punish doesn't change the nature of the offense. 

If the Class C misdemeanor is causing problems for your history, then consider applying for an expunction.  There are certain procedures specifically for Class C misdemeanors which allow you to apply for expunctions. 


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