When you think of blenders, bowls, containers, and spoons, you might consider them items used in a kitchen for cooking or eating. But these objects also have a more nefarious use that can land you in prison because they fall under Arizona's legal definition of drug paraphernalia.
Now, this doesn't mean that if an officer has permission to search your home and finds a spoon or bowl lying around, they can arrest you. Law enforcement officers and judges must consider the totality of circumstances before charging or convicting someone with possession of drug paraphernalia.
What Is Drug Paraphernalia?
In Arizona, drug paraphernalia is an object designed to do any of the following with controlled substances:
- Inhale, or
- Introduce into the human body in some way
The list is long, and as you might imagine, the list of items considered to be drug paraphernalia is just as lengthy.
In fact, Arizona law identifies 25 different types of items as drug paraphernalia, which include:
- Blenders, bowls, containers, and spoons
- Scales and balances
- Capsules, balloons, and envelopes
- Hypodermic syringes
- Roach clips
What Behaviors Are Unlawful Under the Drug Paraphernalia Law?
Because using controlled substances is illegal in Arizona, it is also unlawful to possess drug paraphernalia to aid in this conduct. However, that's not the only type of behavior the statute prohibits.
You could be charged with a crime if you:
- Have drug paraphernalia to use controlled substances (or intend to use them);
- Deliver or make drug paraphernalia knowing it will be used to grow, compound, or ingest controlled substances; or
- Advertise the sale of drug paraphernalia
There are several everyday objects on the list of items considered drug paraphernalia, which seems like you could be arrested just for having such an object. However, the law states that for something to be considered drug paraphernalia, it must be intended for use with a controlled substance. Additionally, as mentioned before, a judge or law enforcement officer must take in the entire situation when determining whether or not you illegally had an object in your possession.
The factors they may consider include, but are not limited to:
- Your saying something concerning how the item was or would have been used
- Your having previous drug convictions
- Finding the object near controlled substances
- Finding instructions on how to use the item
- Receiving testimony from an expert about how the object is used
What Are the Drug Paraphernalia Penalties?
Possessing, delivering, or advertising drug paraphernalia are all class 6 felonies. If you are convicted of this offense, you could spend up to 1.5 years in prison.