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A.R.S. § 13-901.01 states that a person who is convicted of possession of drug paraphernalia of  a controlled substance except for methamphetamine is eligible for probation  as long as he or she has also not been convicted of a violent crime.  The court shall require participation in an appropriate drug treatment or education program as a condition of probation. 


A.R.S. § 13-3415(A) makes it a crime in Arizona to use or possess drug paraphernalia.  In determining whether an object is drug paraphernalia, a court or other authority shall consider the 14 factors found in A.R.S. § 13-3415(E) in addition to all other logically relevant factors.  “Drug paraphernalia” also includes the items mentioned in A.R.S. § 13-3415(F)(2).

“It’s not drug paraphernalia—without proof.”  Lisa Witt

It is a Class 6 felony to use or possess with intent to use any drug paraphernalia.



A charge of possession of drug paraphernalia is still grave even if it is your first criminal offense.   Lisa is an intelligent, precise defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:


  • Probation eligibility:  Assess whether you are eligible for probation according to A.R.S. § 13-901.01.


  • Mere presence:  Merely being present around drug paraphernalia does not make you guilty of possession of drug paraphernalia.


  • Objects are not drug paraphernalia:  The State incorrectly determined that the objects are drug paraphernalia.


  • Involuntary possession:  You did not knowingly possess drug paraphernalia.


  •  Reliability of witness(es):  One or more witnesses who saw you possess drug paraphernalia was unreliable.

“First strategy:  Get charges dropped!”

  Lisa Witt

  • No probable cause: Law enforcement had no probable cause to detain/arrest you.


  • Illegal search:  Law enforcement conducted an illegal search of a vehicle, home, apartment or person when they found drug paraphernalia.


  •  Absurdity of State’s claims:  The State’s claims may be absurd based on the timeline or other facts alleged.


  • Suppression of State’s evidence:  The State may have violated your constitutional rights or otherwise behaved illegally in getting evidence or your confession.


  • Good character:  You may have witnesses who will testify that you are not a drug addict and/or that you did not possess drug paraphernalia on that occasion.


  • Police misconduct: Police misconduct may have occurred while investigating the charge, collecting the evidence, interviewing witnesses, or getting your confession.


  • Prosecutorial misconduct:  The prosecutor may have acted with misconduct in disclosing the evidence, interviewing witnesses, and in general during the prosecution of your case.


  • Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.


If you or a loved one is facing a charge of possession of drug paraphernalia, it’s very important to hire a methodical, intelligent and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona drug paraphernalia defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

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