Under ARS § 13-3415, it is a criminal offense to possess, buy, or keep drug paraphernalia. Drug paraphernalia refers to any object, tool, or equipment used in the production, concealment, or consumption of an illegal substance. It is a broader term for things beyond pipes, vaporizers, bongs, and other objects used in the ingestion of illicit drugs. In most cases, drug paraphernalia charges occur after drug-related arrests and charges. They can result in severe consequences, especially if you are also charged with illegal possession, sale, manufacture, or distribution of illicit drugs.

Fortunately, there are legal defense strategies a skilled attorney can use to help you get out of a drug paraphernalia charge. The court can reduce or dismiss your charges if these strategies are used well.

What Constitutes a Drug Paraphernalia Charge

The law against drug paraphernalia in Arizona makes it unlawful for anyone to possess, use, or have the intent to possess or use drug paraphernalia. Specifically, the law prohibits the possession or use of a long list of items, tools, or equipment believed to be used in the commission or furtherance of drug crimes. They include the following items:

• Hypodermic needles for administering drugs into the body

• Scales for weighing drugs for sale

• Bongs or water pipes for filtering marijuana smoke through water. They are used to filter out the harmful tars.

• Cocaine spoons for nasal ingestion of powdered drugs

• Empty capsules, baggies, or balloons

• Chillums for smoking marijuana or ingesting other types of drugs

• Smoking masks and respirators for protecting drug users from harmful particles when inhaling drugs

• Grow kits for illegal growing or producing regulated drugs

• Roach clips or small metallic clips that facilitate the smoking of illegal drugs

• Testing equipment for drug-related activities

The law does not have a specific list of items considered drug paraphernalia. Instead, it provides a general definition to include any object, tool, or equipment used in illegal drug-related activities. Even an ordinary cup can be considered drug paraphernalia if there is proof it was used in the commission of a drug crime. What matters is that the alleged tool or equipment has or is being used to propagate, plant, grow, cultivate, manufacture, harvest, convert, compound, prepare, process, test, package, analyze, contain, store, conceal, inject, repack, ingest, or inhale a regulated substance.

Additionally, not all objects that can be used in drug-related activities can lead to drug paraphernalia charges. For example, having a weighing scale at home does not automatically mean that it is drug paraphernalia. Prosecutors consider several factors when associating a particular item or object with drug crimes. Some of these factors include the following:

• Statements you allegedly made concerning the object and its involvement in a drug crime

• Your criminal history, especially if you have prior drug-related convictions on your record

• The proximity of the item to other drug paraphernalia or illegal drugs

• Circumstantial evidence demonstrating that you were aware of the item’s presence as drug paraphernalia

• Presence of instructions or a user manual on how the object is used as drug paraphernalia

• Presence of information about how you use the object in a drug crime

• How the item is displayed by salespeople or marketers

• The legitimate use of the object

• Expert testimony connecting the object to drug activities

Defense Strategies That Can Work in Your Case

Criminal defense in drug paraphernalia cases is critical as it ensures a favorable outcome in your case. Not all defendants facing drug paraphernalia charges are actually guilty. Your charges could result from a false allegation or a mistake of fact. You should partner with a competent criminal attorney to ensure your case’s outcome is as favorable as possible. Your attorney will also help you navigate all complex court processes with ease. They will offer legal guidance and support to ensure you are always making the right decisions.

Here are some of the defense strategies that can cause the court to dismiss or reduce your drug paraphernalia charge:

You Were Not in Possession of the Paraphernalia

A key element of a drug paraphernalia charge in Arizona is that the police arrested you for being in possession of drug paraphernalia.

You can actually possess the paraphernalia if it is found in your direct control. For example, if it is on your hand, in something you are wearing or carrying, or in your vehicle or house. You can be in constructive possession if the paraphernalia is under your control but not near your location. It can be in a different house, vehicle, or locker that belongs to or is accessible to you. You can also be in joint possession of the paraphernalia if you have shared control over it with another person.

However, you are not guilty if you did not have actual, constructive, or joint possession of the paraphernalia. This can happen even if the items are in your home, vehicle, or person. Someone else could have put them there without your knowledge.

This defense strategy requires evidence for the court to understand that you did not knowingly possess the paraphernalia. Someone could also have planted the items in your home or vehicle to implicate you. If this strategy works, the court will dismiss your charges.

The Alleged Item is Not Drug Paraphernalia

If you are suspected of engaging in a drug crime, the police can seize some of your property, especially items that look like drug paraphernalia. This does not mean that the confiscated items are actually drug paraphernalia. They could be items you use in your home or office for other legal activities, not drug-related ones.

Remember that the law does not have a specific definition for drug paraphernalia. It uses a general description of any item used in the commission or furtherance of a drug crime. This means that the police can mistakenly confiscate items used for legal acts as drug paraphernalia without necessarily having sufficient evidence to support their claims.

In criminal cases, the prosecutors bear the burden of proof. They must demonstrate beyond a reasonable doubt that the items seized from your possession were used in drug-related activities. It will be difficult for the prosecutor to meet this burden if they do not have irrefutable evidence that the item is actually drug paraphernalia.

Again, remember that, in most cases, prosecutors rely on circumstantial evidence to prove a drug paraphernalia case. It could be that you made a statement linking the item to drug activities, or the item was sold or marketed as drug paraphernalia. Sometimes they consider the object’s proximity to illegal drugs or the existence of a drug residue on the object. This does not prove beyond a reasonable doubt that the item is actually drug paraphernalia.

A skilled attorney can create reasonable doubt in the prosecutor’s case to compel the court to dismiss your charges. If the prosecutor does not have solid evidence that the item is actually what they claim it to be, the drug paraphernalia charge will not hold.

You Did Not Intend to Use the Paraphernalia

When you face drug paraphernalia charges, the prosecutor must prove all the elements of the offense beyond a reasonable doubt for the court to give a guilty verdict. The elements include the following:

• The police found some items in your possession

• The items are believed or suspected to be used in the commission of a drug crime

• The items were in your possession illegally

You can fight your charges by arguing that you did not use, or intend to use, the alleged items. The items in your possession do not automatically mean you intended to use them to commit a crime.

A person’s intent is complicated to prove, especially by prosecutors. They rely mainly on circumstantial evidence to predict your intent or behavior. An aggressive attorney can create reasonable doubt in a prosecutor’s case, making it impossible for them to prove the case for a guilty verdict. Your attorney can argue that another person left the paraphernalia in the house, or that you came across it by chance. This does not mean that you are involved in illegal acts.

Example: when Tony and James shared an apartment, James was dealing in drugs without Tony’s knowledge. Tony threw James out of the shared apartment the day he learnt about his roommate’s involvement in drugs. However, James left some of his paraphernalia in the apartment.

This does not implicate Tony because, although the paraphernalia is in his apartment, he does not use or intend to use it.

You can also argue that you did not possess or have control over the item, especially if it belonged to another person. Remember that possession can be actual, constructive, or joint. If neither of these applies to your situation, you are not guilty of a drug paraphernalia charge because you do not have the items.

The Search and Seizure by the Police Was Illegal

The police need evidence to support your drug paraphernalia charges in court. This evidence is usually seized after a search of your property during or after the arrest. However, a search of your property by law enforcement officers must be conducted legally. The searching officers must obtain a warrant to search your person or property to seize any evidence supporting the charges.

A police search is unlawful if the police search your person and property without a warrant. The warrant must also guide the police search. If the officers search beyond the provision of the search warrant, the search and seizure are also unlawful. Unlawful searches and seizures result in inadmissible evidence. Any evidence the police gather after an illegal search and seizure cannot be used against you in court.

If this happened to you, you could weaken the prosecutor’s case by compelling the judge to dismiss the evidence against you. Alternatively, your competent attorney can file a motion in court to suppress the evidence against you. If the judge grants this motion, the prosecutor cannot prove the case beyond a reasonable doubt, causing the court to dismiss your charges.

You Are a Victim of Police Entrapment

Police entrapment can work as a legal defense strategy if the police persuaded or induced you to commit a crime that you would otherwise not have committed. It is a common strategy in drug-related cases, where the police need strong evidence for a guilty verdict after a trial. Again, the police sometimes use persuasion or inducement to obtain proof of crimes that are mostly committed in hiding. Most people who deal in drugs run secret operations that are difficult to infiltrate by the police.

Sometimes officers feel that if they actively cause a suspected drug dealer to commit a crime, they can arrest them in the act of committing the crime and gather all the evidence they need to obtain a conviction. However, an officer will use fraud, threats, or coercion. These strategies do not always work, especially if the targeted individual did not have prior intent to engage in crime.

The police can trick you into selling or buying drugs to arrest you for a drug charge and a drug paraphernalia charge. In your defense, you can cite police entrapment and argue that you only committed the crime because of the persuasion or threats by the police. The paraphernalia could be an ordinary household item, like a weighing scale or a baggie.

If this strategy works, the judge can reduce your charges for a more favorable outcome.

Find an Experienced Criminal Attorney Near Me

Although usually charged as a Class 6 felony in Arizona, drug paraphernalia offenses may sometimes be treated as misdemeanors, and penalties can still be severe. They include time in jail, a hefty court fine, and a criminal record that can affect your life. Your penalties can increase if you have prior drug-related convictions on your record. However, a competent attorney can use their best defense strategies to help you escape the charges.

At Phoenix Criminal Attorney, we can work with you to develop the best defense that could cause the judge to dismiss or reduce your charges. We will also smooth the legal process and protect your rights throughout all legal processes. We will not stop until you are happy with the outcome of your case. Call us at 602-551-8092 to understand your charges and our services better.