Understanding Arizona Possession of Drug Paraphernalia: ARS 13 3415
Facing drug paraphernalia charges is overwhelming. The legal system is complex and can be intimidating. Lawyer Listed is here to help. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona state drug laws, specifically possession of drug paraphernalia. It explains key terms and the penalties for first-time drug offenders in Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with possession of drug paraphernalia, let Lawyer Listed match you with your ideal Arizona drug crimes defense lawyer as soon as possible.
What is Possession of Drug Paraphernalia?
In Arizona, possessing drug paraphernalia with intent to use it for drug activity is a criminal offense. For purposes of drug paraphernalia, the term ‘drugs’ means any narcotic drug, dangerous drug, marijuana, or peyote.
The statute specifically prohibits using paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a drug into the human body.
The law doesn’t just apply to users of drug paraphernalia. It also makes it illegal to deliver, possess with intent to deliver, or manufacture drug paraphernalia when you know it will be used for illegal drug activities. This means selling or giving someone drug paraphernalia can result in the same charges as possession.
Common Drug Paraphernalia in Arizona
Arizona drug laws define drug paraphernalia very broadly. The law includes any equipment, products, or materials used for drug-related activities. Common examples include:
Cultivation Equipment
- Kits for growing plants that produce drugs
- Equipment for increasing plant potency
- Separation devices for cleaning marijuana
Manufacturing and Processing Tools
- Scales and balances for weighing drugs
- Mixing bowls, spoons, and containers
- Testing equipment for analyzing drug strength
- Substances used to cut or dilute drugs
Consumption Devices
- Pipes made from various materials (glass, metal, plastic, ceramic)
- Water pipes and bongs
- Hypodermic syringes and needles
- Roach clips and smoking masks
- Cocaine spoons and vials
Storage and Concealment Items
- Small containers, capsules, and balloons
- Any object used to hide or store drugs
How Courts Determine if Something is Drug Paraphernalia
Arizona Revised Statutes provide specific factors to consider when determining if an object qualifies as drug paraphernalia. These factors help distinguish between innocent consumer products and illegal paraphernalia.
Ownership and Credibility
- The owner’s or custodian’s explanation of what the item is for
- Any past drug-related convictions of the owner or custodian
- Whether the owner or custodian is a legitimate supplier (for example, a licensed dealer)
Content and Proximity
- How close in time and place the item was to the crime
- How near the item was to actual drugs when it was found
- Whether any drug residue was detected on the item
- How the item was displayed or marketed for sale
Intent and Knowledge
- Direct or indirect evidence that the owner planned to give the item to someone to help break drug laws
- Any spoken or written instructions included with the item about how to use it
- Manuals, labels, or pictures that explain or show how to use the item
- National or local ads that describe the item’s use
- Expert testimony on what the item is meant to do
Market and Community Use
- The percentage of this item’s sales compared to the business’s total sales
- The existence and extent of lawful uses for the item in the community
Sentencing Under Arizona Drug Laws
The penalties for possession of drug paraphernalia are serious and vary based on your criminal history and the circumstances of the crime. The following table summarizes the potential consequences for this offense.
| Charge | Class | Prison | Probation (max) |
|---|---|---|---|
| Possession of drug paraphernalia | Class 6 Felony | 0.33 – 2 years | 3 years |
Proposition 200 Eligibility
First-time drug offenders in Arizona may qualify for protections under Proposition 200. This law requires probation instead of prison for first and second nonviolent possession offenses. This means if you are eligible, the court cannot sentence you to prison or jail for your first or second conviction for simple possession. Instead, you will be placed on probation and will likely have to participate in a drug treatment program.
You’re also ineligible for Prop 200 if you have prior felony convictions or previous drug sale convictions. The prosecution will review your entire criminal history to determine eligibility.
TASC Alternative Programs
TASC (Treatment Assessment Screening Center) programs offer another path to avoid conviction. These adult diversion programs typically last 12 months or more and include comprehensive drug treatment components.
TASC requirements include:
- Outpatient or inpatient substance-use treatment
- Drug-education classes
- Counseling or group therapy
- Random drug testing and regular check-ins
If you successfully complete the TASC program, the charges against you will be dismissed.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition and Scope: Arizona law prohibits using, possessing, delivering, or manufacturing any paraphernalia intended or known to be used in planting, growing, harvesting, manufacturing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing a narcotic drug, dangerous drug, marijuana, or peyote into the human body for drug-related activities.
- Elements of the Crime
- Possession or Use means you had drug paraphernalia on you, under your control, or you were using it.
- Intent to use means you possessed drug paraphernalia with the purpose of using it for drug-related activities.
- Drug Paraphernalia means anything used to grow, manufacture, prepare, store, analyze, hide, smoke, inject, or otherwise use drugs like marijuana, peyote, or other illegal substances.
- Sentencing:
- Arizona possession of drug paraphernalia under ARS 13-3415 is a class 6 felony with sentences ranging from probation to 0.33-2 years in prison.
- First-time offenders may qualify for Proposition 200 probation-only sentences with no jail time.
Next Steps:
Possession of drug paraphernalia in Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. Lawyer Listed helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing charges of possession of drug paraphernalia, under ARS 13 3415, engaging a skilled Arizona drug crimes attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; let Lawyer Listed match you with an experienced criminal defense lawyer right away.