Possession of Drug Paraphernalia in Arizona: ARS 13-3415

Posted on July 25, 2025 in Arizona Revised Statutes,Drug Crimes

In Arizona, it’s illegal to possess certain drugs as well as items commonly used with them under Arizona Revised Statutes (ARS) 13-3415. These items are also known as drug paraphernalia.

If you have been charged with possession drug paraphernalia in Arizona, please call AZ Defenders at (480) 456-6400 immediately to get premium legal defense.

The General Rule Against Drug Paraphernalia in Arizona

Arizona Revised Statutes (ARS) 13-3415 makes it a crime to use, possess, transfer, or advertise drug paraphernalia to others with the intent to use it for prohibited activities.

These prohibited activities include:

• Propagating, cultivating, growing, or harvesting an illegal drug
  
• Manufacturing, compounding, converting, or producing an illegal drug
  
• Preparing, testing, or analyzing an illegal drug
  
• Packing, repacking, containing, storing, or concealing an illegal drug
  
• Ingesting, inhaling, or otherwise introducing an illegal drug into the human body

Violation of ARS 13-3415 is a Class 6 felony, punishable by up to two years in state prison.

How Arizona Law Defines Drugs for Drug Paraphernalia Purposes

Under ARS 13-3415(F)(1), Arizona defines a “drug” for paraphernalia possession charges as any of the following:

• A narcotic drug
  
• A dangerous drug
  
• Marijuana
  
• Peyote

As we will see below, however, for people age 21 years or older, an exception exists for drug paraphernalia possession for personal use.

Examples of Drug Paraphernalia Items

ARS 13-3415(F)(2) identifies many kinds of items that Arizona law classifies as drug paraphernalia. These include:

• Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a drug or from which a drug can be derived.
  
• Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing drugs.
  
• Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a drug.
  
• Testing equipment used, intended for use, or designed for use in identifying or analyzing the strength, effectiveness, or purity of drugs, other than narcotic drug testing products that are used to determine whether a controlled substance contains fentanyl or a fentanyl analog.
  
• Scales and balances used, intended for use, or designed for use in weighing or measuring drugs.
  
• Diluents and adulterants, such as quinine hydrochloride, mannitol, dextrose, and lactose, that are used, intended for use, or designed for use in cutting drugs.
  
• Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
  
• Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding drugs.
  
• Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of drugs.
  
• Containers and other objects used, intended for use, or designed for use in storing or concealing drugs.
  
• Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting drugs into the human body.
  
• Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish, or hashish oil into the human body. This includes metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls, water pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips, miniature cocaine spoons and cocaine vials, chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, and ice pipes or chillers.

How Police and Courts Identify Drug Paraphernalia

If any doubt exists about whether an item is drug paraphernalia, ARS 13-3415(E) identifies several factors to consider, including:

• Statements by an owner or by anyone in control of the object concerning its use.
  
• Prior convictions of an owner or of anyone in control of the object, under any state or federal law relating to any drug.
  
• The proximity of the object to drugs.
  
• The existence of any residue of drugs on the object.
  
• Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons known, or should reasonably be known, to intend to use the object to facilitate a violation of Arizona drug laws.
  
• Oral or written instructions provided with the object concerning its use, descriptive materials accompanying the object that explain or depict its use, or national and local advertising concerning its use.
  
• The manner in which the object is displayed for sale.
  
• Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
  
• Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
  
• The existence and scope of legitimate uses for the object in the community.
  
• Expert testimony concerning its use.

Personal Marijuana Use Exception to ARS 13-3415

The recent legalization of personal possession and use of marijuana in Arizona has carved out some exceptions to the state’s drug paraphernalia possession and use law. 

For example, under ARS 36-2852(C)(5), it is lawful to acquire, possess, manufacture, use, purchase, sell, or transport paraphernalia relating to the cultivation, manufacture, processing, or consumption of marijuana or marijuana products.

This exception to the general drug paraphernalia law only applies to individuals who are at least 21 years old or older.

Penalties for Drug Paraphernalia Possession Charges

Seizure of Drug Paraphernalia

Under ARS 13-3415(D), all drug paraphernalia is subject to forfeiture. The failure to charge you with possession of drug paraphernalia, or your acquittal as an owner or of being in control of drug paraphernalia, does not prevent a court from finding that the object is intended for use or designed for use as drug paraphernalia.

Probation in Lieu of a Criminal Conviction

You may be eligible for probation under Proposition 200 if you have one prior, low-level drug conviction. Under Proposition 200, for first or second-time simple drug paraphernalia charges, the court must sentence you to probation instead of prison or jail.

You are ineligible for Proposition 200 probation if you have a prior drug conviction for sale or transportation of drugs, promoting prison contraband, driving while under the influence of drugs, or any methamphetamine drug related charges.

If you have two prior felony drug convictions of any kind, you will not be eligible for probation for a third offense, and you may be facing up to a year in prison for your first felony or a longer term if you have multiple convictions.

Note that even if you received probation for two prior felony possession charges, these still count as prior historical felonies. If you are convicted for a third time, you will face a harsher prison sentence.

If you do not successfully complete Proposition 200 probation, such as by possessing or using drugs, failing a drug test, failing to meet with your probation officer, not paying any court-ordered fines or fees, or being arrested while on probation, your probation can be revoked, and you may be incarcerated for the probation violation. If the judge reinstates you on probation, it will likely come with new and stricter terms.

Penalties for a Class 6 Felony Conviction in Arizona

If you do not qualify for probation under Proposition 200, a Class 6 felony is the lowest level of felony offense in Arizona for a drug paraphernalia conviction.

• For a first-time felony drug offender, a Class 6 felony conviction can result in anywhere from probation to a prison sentence ranging from four months up to two years, and a maximum fine of $150,000.
• Second-time offenders can face a prison term ranging between eight months and 1.75 years, and third-time offenders a minimum sentence of 2.25 years and a maximum of 5.75 years.

Penalties for a Class 1 Misdemeanor Conviction in Arizona

A court can sometimes reduce a Class 6 felony conviction to a Class 1 misdemeanor instead. For example, if you have been charged with a drug paraphernalia offense by a municipal prosecutor’s office, you will likely be charged at the Class 1 misdemeanor level because municipalities do not have the jurisdiction to prosecute felonies.

• A Class 1 misdemeanor conviction carries a jail sentence of up to six months and up to $2,500 in fines, along with surcharges.
  
• Class 6 felony and Class 1 misdemeanor punishments will also require you to attend court-ordered drug counseling and treatment classes.

Related Offenses to Drug Paraphernalia Use or Possession

A possession of drug paraphernalia charge is often given in conjunction with a substance possession charge, such as possession of a dangerous drug under ARS 13-3407 or possession of narcotic drugs under ARS 13-3408.

Related Consequences of Having a Drug Paraphernalia Conviction on Your Record

Having a conviction on your public record, especially one or more prior felony convictions, can haunt you long after you pay any fine or complete any jail or prison time. You can lose important rights, like the right to own or possess a firearm and the right to vote. You can lose any Arizona professional licenses you have. It can also become harder for you to find employment or a place to live.

Potential Defenses to Drug Paraphernalia Possession Charges

Depending on the facts of your arrest for possessing drug paraphernalia, you may have one or more legal defenses. Here are some of the common examples of legal defenses that may be available to you.

The Items Were Not Drug Paraphernalia

Some of the kinds of items that police consider drug paraphernalia can also be ordinary items like baggies or scales. To convict you on a paraphernalia charge, the prosecution must prove that the objects were intended or used to distribute, sell, or use illegal drugs.

Lack of Knowledge or Intent

Not knowing that an item was drug paraphernalia, not being aware it was used for drugs, or having no intent to use it for illegal drug activity may not be a full defense. However, it could help reduce the charges or penalties.

For example, you can have a pipe to smoke tobacco or flavored tobacco, which are legal products.

No Actual Possession or Control of Drug Paraphernalia

Simply being near drug paraphernalia does not mean it belonged to you. The prosecution must prove it was on your person or under your control. For example, if it were found in your home or car, it could have been left by someone else without your knowledge – in these cases the prosecution proceeds under the theory of “constructive possession”.

Violation of a Constitutional Right

The police must observe your rights under the United States and Arizona constitutions when making a search, seizure, and/or arrest. Your criminal defense attorney can look for the following possible constitutional civil rights violations:

• The police conducted an unlawful search and seizure.
  
• The police lacked reasonable suspicion to detain you or probable cause to arrest you.
  
• The police failed to inform you of your rights, like the right to remain silent during custodial questioning or to have an attorney present during custodial questioning.
  
• The police coerced you into making a confession and/or in obtaining your consent to search.

Violations of any of these rights will often result in the evidence improperly obtained against you being thrown out of court or dismissal of the charges against you.

Improper Handling of Evidence Against You

In addition to properly obtaining evidence to support drug paraphernalia charges against you, the police must properly handle the evidence once it is in their custody. Mislabeling evidence, improperly testing it, or failing to adequately track its chain of custody can all cast doubt on the quality of that evidence.

Improper Police Reporting

The police must make accurate and truthful reports about the circumstances of your arrest and any drug crime evidence they obtain against you. For example, false statements or inaccuracies in a police report can cast reasonable doubt on the veracity of the officer that generated the report and call the evidence gathered against you into question.

Are You Facing Drug Paraphernalia Charges in Arizona?

A drug paraphernalia charge may not seem as serious as one for other drug offenses like use, possession, or sale of illegal drugs, but it can still result in serious penalties with significant short and long-term consequences for a conviction.

The AZ Defenders Law Firm defends Arizona residents like you against criminal charges involving drug use, sale, transportation, and paraphernalia possession. Our defense attorneys have extensive experience in representing defendants in criminal cases and can help you to put forward the strongest possible defense throughout the legal process:

• We will make sure the police and prosecutors did not and do not violate your constitutional rights.
  
• We will investigate law enforcement’s investigation and challenge the evidence gathered against you.
  
• We will negotiate with prosecutors to reduce possible felony charges against you and seek probation if you are eligible.
  
• If probation is not an option for you, then we will aggressively represent you at trial.
  
• If you are convicted, we will make sure that the court considers all mitigating factors in your favor prior to sentencing.
  
• If you have been previously convicted of a drug paraphernalia charge, we can seek to have your conviction set aside, the charges expunged (for marijuana cases only), or your criminal record sealed.

Call AZ Defenders at (480) 456-6400 or use our contact form to get in touch with an experienced Arizona drug crimes defense attorney and to schedule a free consultation. You can reach us any time, day or night.