Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3415 (2026)

Possession, manufacture, delivery and advertisement of drug paraphernalia; classification; civil forfeiture; factors; definitions

✓ current as of May 2026

Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. Except as provided in section 36-2852 and section 36-2853, subsection C, it is 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 in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.

B. Except as provided in section 36-2852 and section 36-2853, subsection C, it is 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 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 in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.

C. It is unlawful for a person to place in a newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a class 6 felony.

D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this title. The failure to charge or acquittal of an owner or anyone in control of drug paraphernalia in violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

E. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use.

2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any drug.

3. The proximity of the object, in time and space, to a direct violation of this chapter.

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 an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter.

7. Instructions, oral or written, provided with the object concerning its use.

8. Descriptive materials accompanying the object that explain or depict its use.

9. National and local advertising concerning its use.

10. The manner in which the object is displayed for sale.

11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.

13. The existence and scope of legitimate uses for the object in the community.

14. Expert testimony concerning its use.

F. For the purposes of this section:

1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote.

2. "Drug paraphernalia" means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug in violation of this chapter. Drug paraphernalia includes:

(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a drug or from which a drug can be derived.

(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing drugs.

(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant that is a drug.

(d) Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs, other than narcotic drug testing products that are used to determine whether a controlled substance contains fentanyl or a fentanyl analog.

(e) Scales and balances used, intended for use or designed for use in weighing or measuring drugs.

(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting drugs.

(g) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding drugs.

(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of drugs.

(j) Containers and other objects used, intended for use or designed for use in storing or concealing drugs.

(k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting drugs into the human body.

(l) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish oil into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.

(ii) Water pipes.

(iii) Carburetion tubes and devices.

(iv) Smoking and carburetion masks.

(v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.

(vi) Miniature cocaine spoons and cocaine vials.

(vii) Chamber pipes.

(viii) Carburetor pipes.

(ix) Electric pipes.

(x) Air-driven pipes.

(xi) Chillums.

(xii) Bongs.

(xiii) Ice pipes or chillers.

Notes of Decisions

Cited in 82 cases (23 in the last 5 years), 1989–2026 · leading case: State v. Soza, 464 P.3d 696 (Ariz. Ct. App. 2020).

Sort: Relevance Newest Treatment

State v. Soza, 464 P.3d 696 (Ariz. Ct. App. 2020). · cites it 80× “Our legislature enacted A.R.S. § 13-3415 (formerly A.R.S. § 13-3411) in 1982 and has made few amendments to the statute since that time.”

Jorge Romero-Millan v. William Barr, 507 P.3d 999 (Ariz. 2022). · cites it 15× “This determination was also supported by the fact that “[t]he language of A.R.S. § 13-3415 makes it conceivable . .”

State v. Thues, 54 P.3d 368 (Ariz. Ct. App. 2002). · cites it 5× “Here, the legislature specifically designated possession of drug paraphernalia a class six felony offense, A.R.S. § 13-3415(A), and did not provide an alternative designation when Proposition 200 applies in sentencing.”

State v. Teagle, 170 P.3d 266 (Ariz. Ct. App. 2007). · cites it 4× “2006) and one count of possession of drug paraphernalia, a class six felony, in violation of A.R.S. § 13-3415(A) (2001). He appeals from his convictions, arguing that the trial court erred by denying his motion to suppress evidence and his motion for judgment of acquittal.”

Jorge Romero-Millan v. Merrick Garland, 46 F.4th 1032 (9th Cir. 2022). · cites it 7× “§ 13- 3408, and Arizona’s possession of drug paraphernalia statute, A.R.S. § 13-3415, are divisible as to drug type; and 2) the BIA did not err in concluding that petitioners were convicted of controlled substance offenses that supported their orders of removal.”

State of Arizona v. Erick Antonio Escalante, 425 P.3d 1078 (Ariz. 2018). · cites it 3× “See A.R.S. § 13-3415(A). "Drug paraphernalia" includes a digital scale if used to weigh illegal drugs.”

State v. Welch, 12 P.3d 229 (Ariz. Ct. App. 2000). · cites it 8× “Again, utilizing a textual comparison, section 13-3415 is not a subset of section 13-3407(A)(4) because, not only is the requisite intent markedly different, section 13-3415 obviously contains elements not found in section 13-3407(A)(4).”

Minh Duc Luu-Le v. Immigr. & Naturalization Serv., 224 F.3d 911 (9th Cir. 2000). · cites it 3× “Ariz. Rev. Stat § 13-3415(A) (2000). The INS subsequently charged Luu-Le as being deportable under INA section 241(a)(2)(B)(i), which classifies as deporta-ble [a]ny alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to…”

In Re Tiffany O., 174 P.3d 282 (Ariz. Ct. App. 2007). · cites it 4× “" Ariz.Rev.Stat. § 13-3415(A) (2001). On appeal, "we consider whether the evidence sufficed to permit a rational trier of fact to find the essential elements of the offense beyond a reasonable doubt.”

State v. Estrada, 4 P.3d 438 (Ariz. Ct. App. 2000). · cites it 6× “See A.R.S. § 13-3415. The voters who insisted on probationary treatment for drug users could not have meant to mandate probation for possessing methamphetamine but permit prison for possessing a tube to smoke it in.”

State v. Cheramie, 189 P.3d 374 (Ariz. 2008). · cites it 2× “See A.R.S. §§ 13-3415(A) (paraphernalia), 13-2503(A)(2) (escape).”

State of Arizona v. Lee L.N., 340 P.3d 1085 (Ariz. Ct. App. 2014). · cites it 3× “With respect to a December 19, 2012 petition, the juvenile court found he had possessed drug paraphernalia, a class six felony, in violation of A.R.S. § 13-3415. Based on two other petitions, one dated October 10, 2012, and the other April 3, 2013, L.”

Show all 82 citing cases →

— Ariz. Rev. Stat. § 13-3415(A) — 54 cases

State v. Soza, 464 P.3d 696 (Ariz. Ct. App. 2020). “Our legislature enacted A.R.S. § 13-3415 (formerly A.R.S. § 13-3411) in 1982 and has made few amendments to the statute since that time.”

State v. Thues, 54 P.3d 368 (Ariz. Ct. App. 2002). “Here, the legislature specifically designated possession of drug paraphernalia a class six felony offense, A.R.S. § 13-3415(A), and did not provide an alternative designation when Proposition 200 applies in sentencing.”

State v. Teagle, 170 P.3d 266 (Ariz. Ct. App. 2007). “2006) and one count of possession of drug paraphernalia, a class six felony, in violation of A.R.S. § 13-3415(A) (2001). He appeals from his convictions, arguing that the trial court erred by denying his motion to suppress evidence and his motion for judgment of acquittal.”

State of Arizona v. Erick Antonio Escalante, 425 P.3d 1078 (Ariz. 2018). “See A.R.S. § 13-3415(A). "Drug paraphernalia" includes a digital scale if used to weigh illegal drugs.”

In Re Tiffany O., 174 P.3d 282 (Ariz. Ct. App. 2007). “" Ariz.Rev.Stat. § 13-3415(A) (2001). On appeal, "we consider whether the evidence sufficed to permit a rational trier of fact to find the essential elements of the offense beyond a reasonable doubt.”

— Ariz. Rev. Stat. § 13-3415(B) — 2 cases

State v. Juarez, 55 P.3d 784 (Ariz. Ct. App. 2002).

State of Arizona v. Maria Chavez Cisneros, 534 P.3d 932 (Ariz. Ct. App. 2023).

— Ariz. Rev. Stat. § 13-3415(E) — 3 cases

State v. Soza, 464 P.3d 696 (Ariz. Ct. App. 2020). “Our legislature enacted A.R.S. § 13-3415 (formerly A.R.S. § 13-3411) in 1982 and has made few amendments to the statute since that time.”

State v. Craft (Ariz. Ct. App. 2014).

State v. Marquez (Ariz. Ct. App. 2017).

— Ariz. Rev. Stat. § 13-3415(E)(1) — 3 cases

State v. Soza, 464 P.3d 696 (Ariz. Ct. App. 2020). “Our legislature enacted A.R.S. § 13-3415 (formerly A.R.S. § 13-3411) in 1982 and has made few amendments to the statute since that time.”

Minh Duc Luu-Le v. Immigr. & Naturalization Serv., 224 F.3d 911 (9th Cir. 2000). “Ariz. Rev. Stat § 13-3415(A) (2000). The INS subsequently charged Luu-Le as being deportable under INA section 241(a)(2)(B)(i), which classifies as deporta-ble [a]ny alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to…”

State v. Coffelt (Ariz. Ct. App. 2016).

— Ariz. Rev. Stat. § 13-3415(E)(14) — 1 case

State v. Stevens (Ariz. Ct. App. 2014).

— Ariz. Rev. Stat. § 13-3415(E)(4) — 1 case

State v. Johnson (Ariz. Ct. App. 2018).

— Ariz. Rev. Stat. § 13-3415(F)(2) — 6 cases

State v. Soza, 464 P.3d 696 (Ariz. Ct. App. 2020). “Our legislature enacted A.R.S. § 13-3415 (formerly A.R.S. § 13-3411) in 1982 and has made few amendments to the statute since that time.”

State v. Estrada, 34 P.3d 356 (Ariz. 2001).

State v. Bowdish (Ariz. Ct. App. 2022).

State v. Olivier (Ariz. Ct. App. 2023).

State v. Gomez (Ariz. Ct. App. 2014).

— Ariz. Rev. Stat. § 13-3415(F)(2)(a) — 1 case

State v. Soza, 464 P.3d 696 (Ariz. Ct. App. 2020). “Our legislature enacted A.R.S. § 13-3415 (formerly A.R.S. § 13-3411) in 1982 and has made few amendments to the statute since that time.”

— Ariz. Rev. Stat. § 13-3415(F)(2)(e) — 3 cases

State of Arizona v. Erick Antonio Escalante, 425 P.3d 1078 (Ariz. 2018). “See A.R.S. § 13-3415(A). "Drug paraphernalia" includes a digital scale if used to weigh illegal drugs.”

State v. Walker (Ariz. Ct. App. 2016).

State v. Stiefel (Ariz. Ct. App. 2015).

— Ariz. Rev. Stat. § 13-3415(F)(2)(h) — 1 case

State v. Estrada, 34 P.3d 356 (Ariz. 2001).

— Ariz. Rev. Stat. § 13-3415(F)(2)(i) — 2 cases

State v. Alba (Ariz. Ct. App. 2024).

State v. Davignon (Ariz. Ct. App. 2015).

— Ariz. Rev. Stat. § 13-3415(F)(2)(j) — 1 case

State v. Rice (Ariz. Ct. App. 2023).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.