Possesion of Drug Paraphernalia
Possession of drug paraphernalia in Arizona can be charged as a misdemeanor or felony. Drug paraphernalia includes anything you might use to store, prepare, make, contain, ingest, inject, or consume illegal drugs. The definition is very broad and can include common items like baggies, scales, aluminum foil, capsules, pipes, rolling papers, straws, spoons, grinders, and needles.
When prosecutors decide to charge drug paraphernalia as a felony offense, the case will be filed in superior court. If they decide to charge possession of drug paraphernalia as a misdemeanor, it will be filed in justice court or municipal court.
What is Possession of Drug Paraphernalia in Arizona?
Possession of drug paraphernalia is codified at ARS 13-3415. Under this statute, you can be charged with a criminal offense if you use or possess paraphernalia with the intent to use it for cultivating, manufacturing, selling, transporting, or using illegal drugs.
Under the Arizona Revised Statute 13-3415, paraphernalia is defined very broadly, and you can be charged with this offense when you are caught with many different types of household items. Police officers consider how different objects are found and their proximity to any illegal drugs when they decide whether to charge people with possession of drug paraphernalia.
For example, if you have sandwich bags in a kitchen drawer with other food storage items, you will not be likely to be charged with drug paraphernalia. However, if you have sandwich bags together with a kitchen scale and a large amount of cash, you might be charged with possession of paraphernalia.
Penalties for Possessing Drug Paraphernalia
The penalties you might face for a conviction of possessing drug paraphernalia will depend on your criminal record and whether you have been charged with a misdemeanor or felony.
The penalties for both misdemeanor and felony drug paraphernalia convictions are described below.
Misdemeanor Drug Paraphernalia
If the police only caught you with drug paraphernalia but found no usable quantity of drugs, you will be charged with a misdemeanor in justice or municipal court.
If you are convicted of misdemeanor possession of drug paraphernalia, you will face the following penalties:
- Up to a maximum of six months in jail
- Fines and surcharges totaling $3,600
- Probation of up to three years
- Substance abuse screening, drug counseling, and classes
Under Arizona Proposition 200, the court cannot sentence you to jail for a first or second possession of paraphernalia conviction. Instead, you will be placed on probation and be ordered to pay fines and attend treatment, counseling, and classes.
If your criminal history is limited, you might be able to participate in a deferred prosecution or diversion program. If you successfully complete a drug diversion program, the charge against you will be withdrawn, and your case will be dismissed.
However, whether you are allowed to participate in this type of program will be left to the prosecutor’s discretion. An experienced attorney at Colburn Hintze Maletta can negotiate with the prosecutor to try to secure your admission to this type of program.
Felony possession of drug paraphernalia
If you are charged with felony possession of drug paraphernalia, it will be a class 6 felony. It will likely be charged together with one or more other drug possession charges involving dangerous drugs or narcotic drugs.
If you are charged with possessing dangerous or narcotic drugs, you will face class 4 felony penalties for those counts if convicted.
Under Proposition 200, you cannot be sentenced to prison for a first or second non-violent drug offense.
Instead, the court will sentence you to probation, fines, drug treatment, community service, counseling, and classes. If any of the following apply, you will not be eligible for Proposition 200 sentencing:
- You possessed methamphetamine along with paraphernalia.
- You have two or more prior drug convictions.
- You have violent criminal convictions on your record.
If you are not eligible for Proposition 200 sentencing, the court can sentence you to serve up to one year in jail with probation or from four months up to 5.75 years in prison. The prison time you might face will depend on your criminal record.
First published at https://ift.tt/hWlOPIA
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