Possession of Drug Paraphernalia

Phoenix & Scottsdale Possession of Drug Paraphernalia Lawyer

Civil Rights Restored, DUI & Felony Drug Offenses

In Arizona, it is possible to be arrested for possession of drug paraphernalia, even if you do not have any illegal drugs in your possession. However, possession of drug paraphernalia is commonly charged along with felony possession of drugs or driving under the influence (DUI).

Possession of drug paraphernalia is a class 6 felony in Arizona. A conviction for a class 6 felony carries harsh consequences such as potential incarceration, fines, the loss of your civil rights.

A felony conviction also carries collateral consequences such as ineligibility for federal assistance, housing, occupational licensing, potential job loss, immigration issues, and child custody issues.

Scottsdale Possession of Drug Paraphernalia Lawyer

Civil Rights Restored is skilled at defending felony drug offenses and understands the seriousness of these charges.

Our approach is to attack the state’s case against you by lodging legal challenges against their evidence, the Constitutionality of their procedures, and undermining the quality of the state’s investigation. We will find the issues in your case and work hard to damage the state’s best evidence against you to try for dismissal, acquittal, reduced charges, and mitigate the damage as much as possible.

Start building your defense today. Call us at (480) 759-7479.

Drug Paraphernalia Offense Menu

• What is Possession of Drug Paraphernalia?
• What is Considered Drug Paraphernalia in Arizona?
• Consequences of Drug Paraphernalia Conviction in Arizona
• Driving Under the Influence and Drugs / Paraphernalia
• Can Police Search My Vehicle for DUI in Arizona?

What is Possession of Drug Paraphernalia in Arizona?

In Arizona, possession of drug paraphernalia is defined in A.R.S. 13-3415 (2022).

The prosecution would have to prove beyond a reasonable doubt that:

• You used, or possessed with intent to use
• Drug paraphernalia.

What is Considered Drug Paraphernalia in Arizona?

Drug paraphernalia includes a wide range of objects that has anything to do with the use, cultivation, manufacturing, processing, and storing of a drug.

Some examples of Drug Paraphernalia include:

• Bongs or pipes
• Hypodermic syringes, needles, cocaine spoons
• Containers, envelopes, or objects used to store or conceal drugs
• Kits used to manufacture or process drugs
• Kits used for planting or harvesting any plant that a drug can be derived from
• Any measuring devices used to weigh drugs

What is the Penalty for Possession of Drug Paraphernalia in Arizona?

A conviction for possession of drug paraphernalia in Arizona results in a class 6 felony. A class 6 felony is the lowest level of felony in the Arizona criminal code. However, that does not mean it is not a serious charge. A class 6 felony still carries harsh consequences such as:

• Class 6 felony on your criminal record
• Potential incarceration of 0.33 – 2 years maximum
• 3 years felony probation
• Loss of certain civil rights

DUI and Possession of Drugs and Drug Paraphernalia

If you were arrested for DUI and you had possession of drugs and/or drug paraphernalia, you can expect the state to charge you with several offenses such as:

• Possession of Drug Paraphernalia A.R.S. 13-3415;
• Possession of Drugs:
  • Possession of Marijuana A.R.S. 13-3405;
  • Possession of Dangerous Drugs A.R.S. 13-3407;
  • Possession of Narcotic Drugs A.R.S. 13-3408;
  • Possession of Prescription Drugs A.R.S. 13-3406;
  • Possession of Vapor Releasing Substances A.R.S. 13-3403; or
  • Possession of Peyote A.R.S. 13-3402
• Driving Under the Influence of Alcohol or Drugs:
  • DUI Drugs A.R.S. 28-1381(A)(1), (3)
  • Regular DUI A.R.S. 28-1381 (A)(1), (2)
  • Extreme DUI A.R.S. 28-1382
  • Felony Aggravated DUI 28-1383

Can the Police Search My Vehicle if I am Arrested for DUI in Arizona?

Yes, and they will. The main issues here are whether the stop, arrest, and search are Constitutional. Our Phoenix DUI attorney is skilled at issue spotting problems with DUI cases and will challenge the state’s evidence against you if your rights were violated.

The police will search your person and your vehicle if you are arrested for DUI in Arizona. This is often how the police find evidence of possession of drugs or drug paraphernalia during a DUI investigation or arrest. As an exception to the warrant requirement, a “search incident to arrest,” is conducted to search for evidence of a crime as well as for safety purposes.

Another type of warrantless search is called an “inventory search” and is also a common means for the state to locate drugs or drug paraphernalia in a vehicle. An inventory search is inevitable if your vehicle is lawfully towed and impounded, such as due to a lawful DUI arrest. The police will make a detailed accounting of the inventory in your vehicle for the purpose of protecting your property, protecting the agency from claims of stolen goods, and for safety purposes to locate any hazardous items.

Defenses to Felony Drug Charges in Maricopa County

There are many potential defenses to drug paraphernalia and felony drug charges in Arizona.

Click here to learn more about defenses to felony drug offenses.

Scottsdale DUI & Drug Paraphernalia Lawyer

Get Help Now

If you are facing charges of possession of drugs or drug paraphernalia it is important to consult with a skilled felony drug offense attorney to review the facts of your case.

These are serious charges and Civil Rights Restored is an aggressive criminal defense firm that will challenge the state’s evidence against you. Our goal is to help you get to the most favorable possible outcome for your case.

Time is of the essence in a criminal prosecution.

Start building your defense today. Call for a free consultation at (480) 759-7479.

Areas Served

If you were charged with possession of drug paraphernalia, Sheena Lemmons at Civil Rights Restored DUI & Criminal Defense wants to help you. We defend cases in Maricopa County including Phoenix, metro Phoenix area, Scottsdale, Tempe, Gilbert, Chandler, Mesa, Ahwatukee, Glendale, Avondale, and more.

All Arizona Revised Statutes cited on this page were cited in 2022.