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Possession of Drug Paraphernalia in Arizona (A.R.S. §13-3415)

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Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
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Possession of Drug Paraphernalia in Arizona (A.R.S. §13-3415)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 300+ Drug Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Drug Crime Victories!

Beware of Drug Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Drug Crimes Attorney and Drug Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Drug Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Possession of Drug Paraphernalia Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Possession of Drug Paraphernalia cases.

Every Major Felony Possession of Drug Paraphernalia case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Possession of Drug Paraphernalia Law Team in Arizona

How do you know who has the best Possession of Drug Paraphernalia Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Possession of Drug Paraphernalia in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Possession of Drug Paraphernalia Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Possession of Drug Paraphernalia Defense Team, DM Cantor.

David is a highly-skilled Possession of Drug ParaphernaliaDefense Lawyer who knows the Possession of Drug Paraphernalia laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Possession of Drug Paraphernalia Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Possession of Drug Paraphernalia overview as to how the DM Cantor Phoenix Possession of Drug Paraphernalia Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Possession of Drug Paraphernalia. So whether you have a single Possession of Drug Paraphernalia charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Possession of Drug Paraphernalia Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Possession of Drug Paraphernalia Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Possession of Drug Paraphernalia charge.

What is Possession of Drug Paraphernalia in Arizona?

In Arizona, “Possession of Drug Paraphernalia,” is defined under Arizona Revised Statute 13-3415 as “unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug.”

Under the statute, it is also “unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used” by someone for any of the above listed things.

Watch this short video where David explains Possession of Drug Paraphernalia in Arizona:

Want to speak with a Phoenix drug lawyer about your case? Contact DM Cantor if you have been charged with Possession of Drug Paraphernalia. Our offices are available 24 hours a day at 602-307-0808 for a Free Initial Consultation.

Possible Punishment to Possession of Drug Paraphernalia

Possession of Drug Paraphernalia is charged as a class six (6) felony. However, under Proposition 200 (i.e. “Prop 200″) if convicted of a first or second non-violent possession or use of drug or drug paraphernalia offense, you cannot get prison or jail. You can only be sentenced to probation. However, if you fail on probation, you can be taken into custody and forced to sit from 2 to 4 weeks in jail, until the judge reinstates your probation and releases you. Normally, we can resolve these charges by either pleading them down to a misdemeanor (which can carry up to six (6) months in jail if you violate probation), or to a “TASC” resolution.

TASC is an Adult Deferred Prosecution Program which takes 3-6 months to complete. It will involve one (1) random urine test per month; one (1) three-hour drug and alcohol abuse education seminar held on a Saturday; and fees of anywhere from $300-$700. The TASC admissions people are very selective on whom they allow into these programs, and it is very important to have an experience attorney with you to help facilitate a “TASC offer”. At DM Cantor, our drug crime lawyers have dealt many times with the TASC admissions personnel and we can easily assist you from admission to completion of this program. Once it is complete, your record will reflect a total dismissal of the Possession of Drug Paraphernalia charge.

If a defendant has already undergone the TASC program, or they have been previously convicted of a drug charge, then they are deemed to be “TASC ineligible”. However, a person is still “Prop 200″ eligible if they only have one (1) prior low level drug conviction, or they have only done TASC one (1) prior time. A defendant is ineligible for “Prop 200″ probation only sentencing, and is susceptible to jail and or prison time if the prior drug conviction was for sale or transportation of drugs, promoting prison contraband, or driving while under the influence of drugs, or any methamphetamine drug related charges. Additionally, if the prosecutor does find that you have two prior felony drug convictions, regardless of the type, then they will not allow you to be Prop 200 eligible for a third offense.

If the defendant is not Prop 200 eligible, then he will be sentenced to a class six (6) felony conviction with the following:

  • On a first offense a class six (6) felony, punishment can be probation with zero (0) days up to 1 year in jail, or prison of 4 months to 2 years of incarceration.
  • If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is 9 months to 2.75 years in prison.
  • If the person has two (2) historical allegeable prior felony convictions, then the “prison only” range is 2.25 to 5.75 years of incarceration.

Beware: Even if you received probation for your previous two felony Possession charges, they still count as prior historical felonies, and upon your third conviction, you will face a very high prison range sentence.


Possible Defenses for Possession of Drug Paraphernalia

The most important argument in defending against Possession of Drug Paraphernalia charges is that the “illicit” object was not drug paraphernalia because it was not being used to for anything to do with drugs. There are many perfectly legal reasons that a person would have in their possession an object that could be used to do drugs. For example, people can have pipes to smoke tobacco, or sheesha (flavored tobacco), which are perfectly legal products. Just because some people might use a pipe to smoke other illegal drugs does not mean that the defendant was using it to do such activities. Under the statute, in determining whether the object is drug paraphernalia, evidence will be presented by the prosecutor as to statements by an owner or by anyone in control of the object concerning its use, prior convictions of an owner, the proximity of the object to any drugs, the existence of any residue of drugs on the object, and direct or circumstantial evidence of the intent of an owner. It is important for the defense to present our own evidence as to all of these factors, to challenge the prosecution’s assertions.

Additionally, we must present evidence that the defendant did not “knowingly” possess any drug paraphernalia (i.e., “Lack of Knowledge”). Many times we can demonstrate that what was found in a person’s vehicle or inside their house or apartment was left behind by somebody else like a roommate, friend, family member, or guest. The defendant was completely unaware that there was paraphernalia in the area.
Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues.

Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding fingerprints analysis; DNA testing; computer analysis/cloning hard drive procedures; etc.. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Drug Paraphernalia lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

Click here… if you have not been charged with Possession of Drug Paraphernalia yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Possession of Drug Paraphernalia lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Possession of Drug Paraphernalia Lawyers in Arizona know the system well.

The Collateral Consequences Of An Possession of Drug Paraphernalia Conviction

The effects of a Possession of Drug Paraphernalia conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Possession of Drug Paraphernalia Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Possession of Drug Paraphernalia, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Possession of Drug Paraphernalia Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Possession of Drug Paraphernalia Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Possession of Drug Paraphernalia Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Possession of Drug Paraphernalia Lawyers always offer free consultations for an initial visit with our Phoenix Possession of Drug Paraphernalia Defense Attorneys. We are often considered to be the “best Possession of Drug Paraphernalia Defense Lawyer”.

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