Drug Paraphernalia in Arizona: ARS 13-3415
Possession of drug paraphernalia is a crime in Arizona, and it’s illegal to have an object in your possession that allows you to plant, prepare, or use illegal drugs. Generally speaking, any item or instrument commonly associated with illegal substance use may be considered paraphernalia if it’s been used for that purpose, according to ARS 13-3415.
Possession of such an object may result in a misdemeanor or felony charge on your record, along with fines and possibly even time in jail or prison. If you’ve been accused of possession of drug paraphernalia, it’s imperative that you speak with a drug paraphernalia attorney in Phoenix as soon as possible.
Our drug paraphernalia lawyers at JacksonWhite Law will offer the guidance necessary to build a defense against your charges and help you avoid the harshest penalties under the law. With decades of experience in criminal defense, we’ll advocate for your rights and offer you peace of mind in the process.
Understanding Drug Paraphernalia Possession Charges
A person can be charged with possession of drug paraphernalia when they use or intend to use an object to either use, store, or manufacture illegal drugs or narcotics. Possessing any object that’s commonly used to prepare or use drugs can result in a paraphernalia possession charge.
Common drug paraphernalia can include a wide range of objects, such as:
- Smoking pipes
- Plastic baggies
- Aluminum foil
- Scales
- Small glass vials
- Syringes and needles
- Razor blades
- Spoons
- Tobacco rolling papers
- Bongs or water pipes
Although any of these items can be considered drug paraphernalia, many are just standard, everyday items. Therefore, it’s not illegal to simply possess drug paraphernalia. To convict an individual on a paraphernalia charge, the prosecution must be able to confirm that the objects in question were used for the sake of distributing, selling, or using drugs. If, however, you’re caught with this type of item, and it’s tested at a crime lab and found to have traces of illegal substances, you may receive criminal charges.
A possession of drug paraphernalia charge is often given in conjunction with a substance possession charge, such as possession of a dangerous drug or marijuana possession, although the circumstances around marijuana possession have changed since the passage of ARS 36-2852 under 2020 Proposition 207.
Having a drug-related crime on your record can affect your opportunities in the future, so seeking legal advice is best if you’re facing such a charge. A skilled drug paraphernalia attorney can help you minimize the chances of facing harsh penalties.
Penalties for Drug Paraphernalia Possession
Proposition 200 in Arizona prohibits incarceration for both first and second-time substance offenders for non-violent crimes. These offenders may still face other penalties, such as probation or fines, but may likely avoid incarceration.
A conviction for drug paraphernalia possession is generally considered a class 6 felony. However, it can sometimes be reduced to a misdemeanor, depending on the nature of the charge.
The most common potential penalties for drug paraphernalia possession include:
- Probation with fines, treatment, classes, and counseling for non-violent first and second-time offenders
- Fines of up to $150,000 for felony charges
- Fines of up to
- Up to 6 months of jail time for misdemeanor charges
- Jail time with a maximum of 1.5 years in prison for felony charges
If your charge involves violence, other criminal offenses, or aggravating factors,, these penalties may be more severe and can include serving time in jail or prison. If you are a repeat offender and aren’t covered by the Prop 200 restrictions, you may be facing up to a year in prison for your first felony or even longer if you have multiple convictions.
The Benefits of Hiring a Drug Paraphernalia Lawyer
Facing a criminal charge without an attorney comes with considerable risks. Without an attorney to support you in your case, you run the risk of facing the harshest penalties under the law. The prosecution team has extensive legal knowledge and will use any evidence they have to gain an advantage.
With a skilled criminal defense attorney by your side, you’ll be well-equipped against the prosecution. Our team at JacksonWhite Law is committed to using our legal experience to discredit their argument, advocate for your rights throughout every step, and promote the best possible outcome.
Some of the benefits of hiring our drug paraphernalia attorneys include:
- Expert knowledge – Our attorneys offer decades of experience and a detailed understanding of the complex legal system to help simplify the difficulty of moving through the legal system.
- Reduced likelihood of harsh charges – By helping you build a strong defense, negotiating with the prosecution, and representing you in court, we’ll help you reduce your chances of facing harsh charges.
- Protection of rights – We’ll ensure you understand your legal rights and will take every step to protect them throughout the process.
- Negotiation skills – Our attorneys will lead negotiations with the prosecution for a plea deal that brings either a reduction or complete dismissal of charges.
- Court representation – We’ll provide you with professional representation in court to present a compelling defense and combat the prosecution’s case.
- Stress reduction – With our expert legal guidance and the ability to craft a strong defense, we’ll alleviate the stress of navigating a confusing legal system alone.
All together, working with a criminal defense attorney allows you to avoid the risks of facing an experienced prosecution alone. Our attorneys at JacksonWhite Law will provide you with a much-needed partner as you navigate the legal process, helping you pursue a more favorable outcome with crucial peace of mind.
Potential Defenses for Drug Paraphernalia Charges
When it comes to drug paraphernalia crimes, the state is responsible for proving that you had such an item in your possession. An experienced criminal defense attorney can look over the elements of your case and use their knowledge to build you an applicable defense.
Our drug paraphernalia attorneys at JacksonWhite Law will perform a detailed review of your case and the details surrounding it to determine the best possible defense strategy. We have used several defenses in past cases to strike down drug paraphernalia charges that did not have enough evidence to stand in court.
In our efforts to seek a dismissal or reduction of your charges, our criminal defense attorneys may be able to use the following defenses:
- Lack of knowledge – If you were unaware that the item was present or that the item was used for ingesting drugs, this defense can be used to reduce the charges or penalties against you.
- Lack of intent – If you possessed suspected drug paraphernalia but had no intention to use the paraphernalia for using drugs, our attorneys can utilize this argument for a reduction or dismissal of charges.
- Unlawful search and seizure – If the arresting officer obtained the potential drug paraphernalia through an unconstitutional search, we can argue to have this evidence dismissed and reduce your likelihood of facing harsh charges.
- Ownership dispute – If you are unsure of where the paraphernalia came from, like if someone may have left the object in your car unbeknownst to you, we can argue that the paraphernalia did not belong to you.
- Insufficient evidence – In instances where the prosecution does not have sufficient evidence to prove beyond a reasonable doubt that the items were intended for drug use, we’ll expose the weakness of their case to seek a dismissal of the charges.
Because of the nature of a drug paraphernalia charge, there is considerable room for ambiguity and a significant burden. To secure a conviction, the court must be able to verify beyond a reasonable doubt that the suspected paraphernalia was used for illegal, drug-related activity. Our drug paraphernalia attorneys will use our experience with these cases to leverage this ambiguity and pursue reduced charges.
Possible Outcomes in a Drug Paraphernalia Case
There are several potential outcomes that can come from a drug paraphernalia case. By working with an experienced criminal defense attorney, you increase your chances of receiving a favorable outcome that minimizes the harsh penalties associated with drug paraphernalia charges.
At JacksonWhite Law, we take the time and attention to understand the details of your case and determine the best path forward. We’ll use the available evidence and your account of the circumstances to build a defense strategy that maximizes your chances of the best possible outcome.
Our attorneys can support you in achieving the following possible outcomes:
- Dismissal of charges – By building a strong defense that highlights a hole in the prosecution or a lack of evidence against you, our team can potentially have your charges dismissed completely.
- Reduction of charges – In cases where the circumstances will not allow for a complete dismissal of charges, we can support you in seeking a reduction of charges with reduced penalties.
- Alternative sentencing – Alternative sentencing options can help you avoid harsh penalties and fines for reduced penalties like community service, diversion programs, or probation.
- Expungement and record sealing – If you have been previously convicted of a drug paraphernalia charge, our team can guide you through getting your charges expunged or your criminal record sealed to minimize your risk of long-term impacts.
- Reduced fines and penalties – By negotiating a plea deal, our attorneys can help you negotiate for lower fines and less severe penalties to relieve the burden of harsh financial or legal consequences.
- Mitigation of collateral consequences – By advocating for reduced charges, our attorneys will help you minimize additional consequences, like impacts on employment, education, and housing opportunities.
Achieving the best possible outcome for your case requires a skilled drug paraphernalia lawyer with experience in combating these charges. Contact us today to learn more about how our criminal defense team at JacksonWhite can support you in seeking a favorable outcome that minimizes your risk of harsh charges.
Getting the Best Defense for Drug Paraphernalia Charges in AZ
Drug paraphernalia charges are serious charges that can stay on your record and affect your future employment or housing opportunities. If you’ve been accused of drug paraphernalia possession in Arizona, it’s essential that you speak with a drug paraphernalia attorney in Phoenix. This crime is often charged along with other offenses, which can make the consequences more severe. Our Phoenix drug paraphernalia lawyers at JacksonWhite can help reduce your risk of facing harsh charges by supporting you with our extensive legal experience and tailored defense strategies. With decades of experience under our belts, our Criminal Defense attorneys will support you in building a strategic defense that may be able to get your charges reduced and penalties lowered. The sooner you speak with an attorney, the better your chances are of securing a favorable outcome and protecting your future.
Call the JacksonWhite Criminal Law team at (480) 470-2245 to discuss your case today.
FAQ On Drug Paraphernalia Crimes in Arizona
Here are some of the most common questions regarding drug paraphernalia charges in Arizona:
Q: What specific items count as drug paraphernalia?
Some items that are typically included in the definition of drug paraphernalia are plastic, stone, wood, ceramic, and glass pipes, joint clips, water pipes and bongs, and small spoons used for crack or cocaine.
Q: Where do people usually purchase their paraphernalia?
Many paraphernalia objects are found through online vendors, in convenience stores, or in shops specifically set up to sell such items. Potential drug paraphernalia, such as pipes, will typically have a label that says, “For tobacco use only” (or something similar) to avoid breaking any laws.
Q: Which other items can count as drug paraphernalia?
There are many other objects that aren’t intended for substance use which can also count as drug paraphernalia if they are used in that way. Items such as syringes, regular spoons, scales, lighters, foil, razor blades, tubes, and credit cards may lead to a paraphernalia possession charge if they are found to have been used for illicit drug use.
Other objects used to manufacture, package, produce, or grow illegal substances can also qualify as drug paraphernalia and land you with a possession charge.
Q: When is it legal to possess hypodermic needles or syringes?
You’re legally allowed to possess these items when, before your arrest, a licensed physician gave you authorization or a valid prescription for them. You also may have a maximum of 10 needles or syringes and possess them only for personal use.
