Paraphernalia: ARS 13-3415

Learn about what paraphernalia means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.

 

In the state of Arizona, drug paraphernalia possession is prohibited in ARS 13-3415. Paraphernalia refers to any item that allows someone to plant, prepare, or use drugs. In general, any item or instrument that has a connection to illegal substances can count as paraphernalia. In Arizona, this can result in a misdemeanor or felony charge.

Paraphernalia Under ARS 13-3415

It’s unlawful for anyone to use or to have with an intention of using, paraphernalia for inhaling, injecting, concealing, containing, storing, repacking, packing, or analyzing an illegal drug.

It’s also prohibited to use paraphernalia to test, prepare, process, produce, convert, grow, plant, cultivate, manufacture, compound, or convert any of these substances. Essentially, using an item to introduce a drug into the body violates ARS 13-3415. Violating this subsection can result in a class 6 felony.

More Unlawful Uses of Paraphernalia

It’s also illegal to possess, deliver, or manufacture paraphernalia either knowing or being in a situation where one could reasonably know that the item(s) will be used for introducing drugs into someone’s system.

Violating this subsection could result in a class 6 felony, as well. In this case, a “drug” means any dangerous substance, narcotic, marijuana, or peyote.

Placing an ad in a handbill, magazine, newspaper, or other publication, while knowing or able to reasonably know that the ad’s purpose is to promote items intended or designed for use as paraphernalia, is also unlawful.

All paraphernalia found will most likely be confiscated by an officer. The following factors must be considered when determining whether or not an item counts as paraphernalia:

  • Prior convictions of the owner or person controlling the item (if any), under federal or state laws related to illegal substances.

  • Statements by the person controlling the item or its owner pertaining to the use of the item.

  • Descriptions with the object that depict or explain its purpose.

  • Written or oral instructions found with the item about its use.

  • How close the object is to drugs when it’s found.

  • Whether or not there’s drug residue on the found item.

  • Local or national ads related to the item’s use.

  • How the item is being displayed for sale or being sold.

  • Circumstantial or direct evidence of the person using the object intending to deliver the item to someone he or she knows or “should know” intends to use it unlawfully.

  • Whether the person controlling the object or its owner is legally supplying related items, like a licensed dealer or distributor of tools for tobacco use.

  • The scope or existence of legal uses for that item in the local area.

  • Circumstantial or direct evidence concerning the ratio of sales of that item to overall sales of the company or business enterprise.

  • Testimony from experts about the item’s use.

What Else does Paraphernalia Include?

As stated, paraphernalia means any materials, products, or equipment intended for use in introducing drugs into the body. This includes kits designed, intended, or used for harvesting, growing, cultivating, or planting any plant that is either a drug or can be used to derive a drug, along with:

Isomerization Tools

Isomerization devices which are designed or intended to increase the potency of a plant which is an illegal substance are considered paraphernalia. Testing equipment designed for, intended for, or used to analyze and identify the purity or strength of drugs also qualifies.

Scales

Balances or scales either designed for, intended for, or used to measure or weigh illegal substances are considered paraphernalia under ARS 13-3415.

Diluents

Adulterants and diluents, like dextrose and lactose, mannitol, quinine hydrochloride, and others, meant or intended for cutting drugs. In addition, separation sifters and gins used for removing seeds and twigs or refining and cleaning marijuana qualify as paraphernalia.

Packages or Containers

Envelopes, small baggies, balloons, capsules, or other containers used or meant to be used for packaging illegal substances are paraphernalia. In addition, spoons, bowls, blenders, or mixing devices meant to use for compounding drugs also count, along with containers or items meant to conceal or store drugs.

Tools for Administering Drugs

Items that are used to administer drugs, like needles, hypodermic syringes, or items meant to help with inhaling or ingesting a dangerous drug, narcotic, hash or hash oil, or marijuana also count as paraphernalia. This means ceramic, plastic, stone, glass, acrylic, wooden, or metal pipes, with screens or without them.

Included in this category are ice pipes, bongs, chillum pipes, electric or air-driven pipes, carburetor or chamber pipes, vials or spoons for cocaine, or water pipes. In addition, it refers to carburetion devices or tubes, carburetion or smoking masks, and roach clips (tools meant to hold a small marijuana cigarette which has become too short to hold by hand).

Consequences for a Paraphernalia Charge

If someone gets a drug paraphernalia charge and the county court system processes it, it will probably result in a class 6 felony. If it’s processed by a municipal court, on the other hand, it may result in a misdemeanor.

If the accused can show that there wasn’t any intention to use the items with illegal substances, such as rolling papers or a pipe meant for tobacco, this could prevent the charges. The accused cannot be convicted if they didn’t know that the item was left at their place of residence or in their car by someone else.

Prop 200 and TASC

Proposition 200 in Arizona prevents prison or jail time for nonviolent, first or second-time drug offenders. Incarceration will likely be avoided in these cases, although the offender may still receive penalties and probation.

But if other aggravating factors or charges exist in the case, or the case involves violence, the offender might still go to prison or jail. The offender might be offered a drug diversion program like TASC, which monitors drug use in participants and lasts between three and six months. If the accused can take the diversion program, they might have their charges dismissed if they complete it successfully.

People who don’t pass it, however, could be facing increased penalties. Offenders who don’t qualify for the restrictions under Prop 200 could end up with prison or jail time of up to a year if it’s their first felony, and longer if they already have more than one felony conviction.

Need help with a drug paraphernalia possession charge in Arizona? Call us at (480) 651-8578 to speak to a criminal attorney for free.  

To learn more about threatening and intimidating and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website to learn more.