TDCAA Community
paraphernalia delivery

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July 29, 2009, 11:05
bellmar21
paraphernalia delivery
two of our narcotics officers arrested the owner of a convenience store and one of her employees for delivery of drug paraphernalia...the store sold paper sacks with a tire air pressure gauge, metal brilo pad and a lighter in them...now, i know these things are commonly bought to ingest crack, but they are also items that anyone could walk through the store and legally gather up themselves....anyone have any experience with this?? what do you think??
July 29, 2009, 11:48
Brody V. Burks
I would think that this sort of "crack addict starter kit" would go a long way to showing the mental state required by § 481.125(b). By putting all of these (otherwise unrelated) items in one bag and selling them together, I think it goes a long way to demonstrating that the store owner knows the person who receives it intends to use the items to ingest a drug.

Out of curiosity, what's the pressure gauge for? Does it provide the tube through which the smoke is inhaled? That's the only thing I could think of.
July 29, 2009, 11:56
bellmar21
yes, they take out the insides of the pressure gauge and use the metal tube as the pipe...as to intent, the store owner is an older asian lady who claims she simply noticed these items were purchased together often and thought it would be more convenient for her customers if she packaged them together...she claims she doesn't know what crack is...the employee is playing the "i knew it was wrong but i was just doing what my boss told me" card