Tex.
Health & Safety Code Section 481.183
Evidentiary Rules Relating to Drug Paraphernalia
(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.
Source:
Section 481.183 — Evidentiary Rules Relating to Drug Paraphernalia, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.183 (accessed Jun. 5, 2024).
