Arizona Drug Paraphernalia Laws

In the state of Arizona, possession of something as simple as a pipe during a traffic stop could escalate into a serious legal disaster. The state’s drug paraphernalia laws are extensive, and they cover a wide range of ordinary objects.

Something as innocuous as a kitchen spoon could get you in trouble. What makes a kitchen spoon or other everyday object illegal depends on the person’s intent on how to use it. If linked to illegal drug activity, law enforcement officials could look at that innocent kitchen spoon as a tool for illegal drug use.

This article discusses Arizona's laws on drug paraphernalia. It shows what items are included in the list of drug paraphernalia and the implications of possessing them.

What Are Arizona's Drug Paraphernalia Laws?

Arizona criminalizes several offenses within its drug paraphernalia law. These include possession, distribution, or advertising items on the list. The following statutes provide a general overview of the elements, defenses, and penalties related to a criminal charge involving drug paraphernalia:

• Arizona Revised Statutes, Section 13-3415 (Possession, Manufacture, Delivery & Advertisement of Drug Paraphernalia)
• Arizona Revised Statutes, Section 13-901.01 (Probation for Persons Convicted of Possession of drug paraphernalia)

Most of these crimes are considered a class 6 felony.

What Constitutes Drug Paraphernalia Under Arizona Law?

Drug paraphernalia refers to the types of equipment, products, and materials of any kind that are used, intended for use, or designed for use in:

• Planting, propagating, cultivating, growing, and harvesting any plant species you can derive a drug from
• Manufacturing, compounding, converting, producing, processing, or preparing dangerous drugs
• Testing, analyzing, packaging, or repackaging dangerous drugs
• Storing or containing drugs
• Concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body

Common items like plastic baggies and fertilizer may qualify if the situation dictates it.

What Are Some Examples of Drug Paraphernalia?

Arizona's statutes include a variety of devices and tools that the laws consider as drug paraphernalia. This is particularly true if an individual uses these tools and devices for purposes related to committing drug offenses. The following are some examples as outlined in the law:

• Isomerization devices
• Testing equipment
• Scales and balances
• Diluents and adulterants
• Blenders, bowls, containers, spoons, and mixing devices
• Capsules, balloons, develops and other containers
• Hypodermic syringes, needles, and objects used for injecting illegal drugs into the body

It also covers other objects used for inhaling, ingesting, or introducing drugs into the body. These include:

• Acrylic, ceramic, glass, metal, plastic, or stone pipes
• Water pipes
• Chamber pipes
• Carburetor pipes
• Electric pipes
• Air driven pipes
• Carburetion tubes and devices
• Smoking and carburetion masks
• Roach clips
• Cocaine spoons and vials
• Chillums
• Bongs
• Ice pipes or chillers

Arizona state law classifies these items as drug paraphernalia due to the potential of facilitating the production, use, or handling of drugs in a manner that violates Arizona laws. The list of possible items is lengthy.

What Are the Illegal Actions Under Arizona's Drug Paraphernalia Laws?

Under Section 13-3415 of Arizona drug paraphernalia laws, illegal actions include the following:

• Use of drug paraphernalia: It is unlawful for individuals to use or have in possession of drug paraphernalia with the intent to use it to introduce it into the human body illegally
• Delivery, possession, and manufacturing of drug paraphernalia: It is unlawful to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia
• Advertisement of drug paraphernalia: It is unlawful for individuals to advertise drug paraphernalia if the ad intends to promote the sale of materials or objects meant as drug paraphernalia

Law enforcement officials may consider any instrument or item used in close connection with illegal drugs as drug paraphernalia. Mere possession of such an item is enough for a drug paraphernalia charge.

In determining whether a spoon is just a spoon or legitimate drug paraphernalia, a court considers all relevant factors, including:

• Statements by an owner or anyone controlling the object concerning its use
• Prior convictions, if any, of an owner or anyone in control of the object under any state or federal law relating to any drug
• The proximity of the object, in time and space, to other prohibited items
• The proximity of the object to drugs
• The existence of any drug residue on the object
• Direct or circumstantial evidence of the intent of an owner, or anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter
• Expert testimony concerning its use

What Is the Penalty for Possession of Drug Paraphernalia?

Possession of drug paraphernalia is a class 6 felony. It comes with a penalty of imprisonment that ranges from 6 months to 1.5 years. This applies to first-time offenders without any prior criminal convictions. If the offender has a prior criminal history or there's an aggravating circumstance, the sentence could go higher and reach the statutory maximum.

First-time and low-level drug offenders can benefit from “out-of-custody” sentencing options. Many Arizona counties have drug diversion programs providing a drug monitoring program that lasts three to six months.

After the passage of Proposition 200 (A.R.S. §13-901.01), a defendant with a first or second nonviolent possession or paraphernalia conviction is eligible for probation instead of jail time. If the offender violates the terms of probation, law enforcement officials may detain the offender until the court decides to modify or reinstate the terms of the probation.

Factors the State Must Prove Against You

Arizona law makes it illegal to possess anything that allows one to use, prepare, plant, or do several other things related to drugs. A conviction for the crime of possession of drug paraphernalia requires the state to prove beyond a reasonable doubt that the defendant did each of the following:

• Used or possessed with the intent to use drug paraphernalia to conceal, inject, ingest, inhale, plant, propagate, cultivate, compound, pack, store, or contain an illegal drug
• The item was drug paraphernalia as defined by the statute

Research the Law

• Arizona Law
• Official State Codes

Related Resources

• Types of Drug Crimes
• Drug Possession Overview
• Drug Paraphernalia Charges

Facing Drug Paraphernalia Charges in Arizona? Talk to a Criminal Defense Attorney

Criminal charges for possessing drug paraphernalia can carry significant fines. It could also lead to a complicated criminal case and a drug conviction. If you or someone you know is facing a misdemeanor or felony charge for possession of drug paraphernalia, it's a good idea to seek legal advice from a criminal defense lawyer.

A skilled drug paraphernalia lawyer can provide you with the guidance that you need for possession of drug paraphernalia charges. They'll explain your criminal case and how to manage your potential felony conviction. Contact a law office and speak with a drug paraphernalia attorney.