(a) A person commits an offense if the person knowingly uses or possesses with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the human body an abusable volatile chemical in violation of § 485.031.
(b) A person commits an offense if the person:
(1) knowingly:
(A) delivers or sells inhalant paraphernalia;
(B) possesses, with intent to deliver or sell, inhalant paraphernalia; or
(C) manufactures, with intent to deliver or sell, inhalant paraphernalia; and
(2) at the time of the act described by Subdivision (1), knows that the person who receives or is intended to receive the paraphernalia intends that it be used to inhale, ingest, apply, use, or otherwise introduce into the human body a volatile chemical in violation of § 485.031.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $4,000
Class B misdemeanorup to 180 daysup to $2,000
For details, see Texas Penal Code § 12.21 and Texas Penal Code § 12.22

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Terms Used In Texas Health and Safety Code 485.033

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) An offense under Subsection (a) is a Class B misdemeanor, and an offense under Subsection (b) is a Class A misdemeanor.