Can you go to jail for drug paraphernalia in Arizona?

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.

Is paraphernalia a felony in Arizona?

Under Arizona’s A.R.S §13-3415, it’s illegal to use or possess illegal drug paraphernalia. A prosecutor’s office can charge drug paraphernalia as either a class 6 felony or a class 1 misdemeanor. If your criminal case is in the superior court, the paraphernalia charge is a felony.

How do you get out of a drug paraphernalia charge in Arizona?

Note that first-time drug offenders may be able to get paraphernalia criminal charges dismissed through a TASC diversion program. Or it may be possible to get the charge reduced to a misdemeanor conviction as part of a plea deal.

What is considered drug paraphernalia in Arizona?

Defining Paraphernalia in Arizona Any instrument or item used in close connection with illegal drugs can be considered paraphernalia. Simply possessing such an item is enough for a drug paraphernalia charge.

What is Prop 200 in AZ?

Proposition 200, known as the Drug Medicalization, Prevention, and Control Act, requires mandatory court-supervised treatment and probation as an alternative to incarceration for non-violent drug users, provides expanded drug treatment programs, and allows doctors to prescribe controlled substances to patients …

How do you fight a paraphernalia charge?

One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.

Is paraphernalia illegal in Arizona?

A.R.S. § 13-3415 criminalizes the possession of drug paraphernalia in Arizona, and it is a class 6 felony offense. The definition of drug paraphernalia is so broad that nearly anything can be classified as drug paraphernalia if it is used in connection with illegal drugs.

Can paraphernalia charges be dropped?

Does Arizona have a 3 strike law?

Answer: Arizona’s sentencing laws are such that any offender that has a prior felony will receive a harsher sentence than someone who commits the same offense and does not have a prior felony. Arizona, however, does not have a 3 Strikes Law as you see in states like California.