Drug Paraphernalia
Posted By Randall J. Craig on Sep 2, 2010 1:20pm PDT
Look, in Arizona almost anything can be classified as drug parahernalia. Be very careful if you are charged with this type of offense because the discriptive range of what constitutes paraphernalia can be almost anything. In fact, the statute found in ARS 13-3415 even gives the Court direction on what to look for. For instance, when determining whether an object is drug paraphernalia, the Court shall consider in addition to all other logically relevant factors 1) statements by an owner or by anyone in control of the object concerning its use; 2)prior convictions, 3)the proximity of the object in time and space, 4)the proximity of the object to drugs 5)the existence of any residue of drugs on the object 6)direct or circumstantial evidence of the intent of the owner 7) instructions of the owner 8)descriptive materials 9)national and local advertising about the object 10)the manner in which it was used and so on. The upshot of it is, even a paper clip can be considered paraphernalia and whatever the object is does not have to be a bong, pipe, or rolling papers. Call us right away if you have been charged.