Possession of Drug Paraphernalia in Arizona
Arizona has some of the harshest penalties on the books for drug crimes in the nation. If you are charged with possession of drug paraphernalia, it might be in conjunction with other criminal charges like possession, selling or manufacturing drugs. Many people do not take into account how serious drug paraphernalia charges are, but according to Arizona Revised Statutes A.R.S. 13-3415:
- It is unlawful for any person to use, or to possess with intent to use, drug 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 into the human body a drug.
Although many people assume possession of drug paraphernalia refers to obvious devices like water pipes, it is important to understand that even normal household products, like a food scale or plastic sandwich baggies, can be considered drug paraphernalia in certain contexts.
- A.R.S. 13-3415 F2 states that drug paraphernalia includes “everyday household use”, or “office use”, objects one may find in their kitchen, bath, utility room, living room, or even the garage. The law includes specific objects that that if found to exist in a given set of circumstances, would classify as drug paraphernalia.
Being arrested for drug crimes in Arizona can be an incredibly frightening and overwhelming experience. It can also cause serious problems in your personal life, as well as for your professional opportunities both now and in the future. Being charged with possessing drug paraphernalia will further penalize you and stiffen your sentence should you be convicted. Therefore, if you find yourself charged with drug paraphernalia possession in Arizona, you should immediately seek out a competent, aggressive defense attorney to fight for your rights.
What is the Penalty for Possession of Drug Paraphernalia?
If you are arrested with anything that fits the above description for drug paraphernalia, you will be charged with a class 6 felony in addition to any other felony charges you will face if you have any illegal drugs in your possession.
- In Arizona, class 6 felonies carry a presumptive term of 1 year in prison, and an aggravated term of 2 years in prison. Under certain circumstances, a judge can choose to reclassify a class 6 felony as a class 1 misdemeanor, and then levy jail time or fines accordingly
If you are found guilty of a class 6 felony, you can be ordered to pay fines totaling $150,000 plus additional financial penalties that might apply, while a class 1 misdemeanor carries a jail sentence of up to 6 months, and fines of up to $2500.
Additional Drug Paraphernalia Considerations
A.R.S. 13-3415 also has subsections dealing with different contexts for drug paraphernalia possession. Some of these include:
- A.R.S. 13-3415 13 B, which pertains to the criminal conduct related to delivering drug paraphernalia for use by someone else. If you know or should know that you are facilitating the delivery and use of drug paraphernalia to another person under this subsection, you can be charged with a class 6 felony in Arizona.
- A.R.S. 13-3415 13 C, which pertains to the advertising of drug paraphernalia in a newspaper, magazine or any other publication, which is promoting the sale of drug paraphernalia. If you know or should know that you are facilitating the advertisement of drug paraphernalia under this subsection, you can be charged with a class 6 felony in Arizona.
Trust Laboy Law Phoenix Drug Lawyer
Phoenix drug lawyer Laboy Law provides our clients with focused legal defense for all possession of drug paraphernalia charges in Arizona. We will not stop fighting for your rights by making sure that every possible legal option and defense strategy is available to you. If you are facing any possession of drug paraphernalia charge in Arizona, contact us today for a private, no obligation consultation at 602-777-3368.