Drug Paraphernalia Charges in Arizona
In simple terms, A.R.S. 13-3415 addresses the possession, manufacture, delivery, and advertising of drug paraphernalia. The statute aims to deter and penalize activities related to drug use and distribution by regulating items used in the drug trade. While you can read the entire statute here, you can read its overview below:
Definition of Drug Paraphernalia: The statute defines “drug paraphernalia” broadly as any equipment, products, or materials used, intended for use, or designed for use in various drug-related activities. This includes kits for planting and growing drug-related plants, manufacturing devices, testing equipment, scales, and other items commonly associated with drug use or distribution. Paraphernalia can include such items as:
- Razor blades
- Needles and syringes
- Plastic baggies
- Bongs and pipes
Possession and Use: It is illegal for anyone to use or possess drug paraphernalia with the intent to use it in connection with the illegal cultivation, production, distribution, or consumption of drugs.
Delivery and Manufacturing: The statute also makes it unlawful to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or reasonably should know that it will be used for drug-related activities.
Advertisement: A.R.S. 13-3415 prohibits placing advertisements in publications like newspapers or magazines that promote the sale of objects intended for drug-related purposes.
Forfeiture: All drug paraphernalia can be subject to forfeiture, meaning that it can be confiscated by the authorities as part of the legal process. Even if an individual is not charged or acquitted of related offenses, the object can still be deemed as drug paraphernalia.
Factors Considered in Conviction: In determining whether an object is drug paraphernalia, a court or authority must consider various factors, including statements made by the owner, prior convictions related to drugs, proximity to drug violations, residue of drugs on the object, and more. These factors help establish the intent and use of the object.
Penalties for a Drug Paraphernalia Conviction: A drug paraphernalia charge is a class 6 felony offense, but a first time offender may be charged instead with a lesser class 1 misdemeanor. Depending the on the charges and any criminal history, penalties for possession of drug paraphernalia can find you in jail for up to two years along with fines.
Under Arizona Prop 200, a first time or minor offender can be sentenced to probation in lieu of jail.
It is imperative to have an attorney on your side in a drug paraphernalia case to review your unique situation and work out the best deal for you.
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With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
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