Arizona State Law A.R.S §13-3415 says:
“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 in violation of this chapter.”
The law further states:
“It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used 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 in violation of this chapter.”
If someone is caught breaking this law, they will face class 6 felony charges.
Many people are under the impression that drug paraphernalia charges are not as serious as other drug related charges and crimes in the state of Arizona. However, Arizona continues to treat these cases very seriously and enforce harsh sentences for guilty parties.
In many cases, drug paraphernalia charges are compounded and prosecuted with other drug crimes, making the situation more difficult for the accused. Even the possession of the most innocent or simple items can quickly turn into additional charges based on the other evidence found at the crime scene.
For example, an empty plastic bag on its own may not be considered drug paraphernalia. But if it is found close to marijuana, it could then be determined that the bag was going to be used to store the marijuana for selling. This is just one example of many where items can be construed as drug paraphernalia.
The best thing you can do when facing possession of drug paraphernalia charges is to contact an attorney right away. There are many variables in a case involving paraphernalia and an experienced attorney will know how to handle the charges effectively. Your attorney may be able to point out flaws or inconsistencies at the time of the arrest, including how evidence was collected.
Charlie Naegle has worked with many individuals in the past who have faced these types of charges and has helped them see the best possible outcome. A victory in a possession of drug paraphernalia case might include having the charges thrown out or an agreement with the prosecution that allows the defendant to avoid jail time. Give us a call today and we’ll set up a time to discuss the specifics of your case.