Marijuana requires a usable quantity, so small residue is often charged as paraphernalia instead. Penalty Group 1 substances are treated differently, where any amount is an offense.
Paraphernalia charges often appear when the amount of contraband is too small for officers to make a possession case. For marijuana specifically, the law requires a usable quantity, so a single burnt seed in the console is usually charged as paraphernalia instead.
Penalty Group 1 substances such as cocaine or methamphetamine are treated differently, because any amount is an offense whether usable or not. The firm has seen cases where officers charged possession rather than paraphernalia based on powder residue in a bag.
Paraphernalia itself covers any device or material used to consume a controlled substance, including rolling papers, pipes, bongs, and hypodermic needles.
Citation: Texas Health & Safety Code §481.125
Degree and classification
Statutory language: A person commits an offense if they knowingly or intentionally use or possess with intent to use drug paraphernalia to plant, manufacture, store, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the body.