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Possession of Drug Paraphernalia

Criminal Defense Attorneys | Oliverson & Huss > Drug Crimes > Possession of Drug Paraphernalia

Possession of Drug Paraphernalia

Possession of Drug Paraphernalia is a Class 6 Felony under Arizona law.

 

Prop 200 and Penalties for Possession of Marijuana

In 1996, Arizona voters passed Proposition 200.  Under Prop 200, judges are prohibited from sending first or second time nonviolent drug offenders to prison, even if these convictions are for felony offenses.  The judge may only sentence the defendant to a term of probation and mandatory drug treatment.TASC is an Adult Deferred Prosecution Program which takes 3-6 months to complete.  In TASC you will be required to provide 1 random urine test per month, 1 three-hour drug and alcohol abuse education program, and fees between $300-$700.  It is imperative that you hire an experienced attorney who can help you navigate the TASC program and its strict requirements.  Once TASC is completed, your case will be completely dismissed.

 

If you have any prior drug conviction for sale or transportation of drugs, promoting prison contraband, or driving under the influence of drugs, or any methamphetamine drug related offense, then you are ineligible under Prop 200 and could face jail and/or prison time.

 

Non-Prop 200 Punishments

If you are not eligible under Prop 200 then you will be sentenced for a Class 6 Felony.  You could face the following punishment:

  • First offense- Probation with up to 1 year in jail; if the judge orders prison then 4 months to 2 years in prison;
  • If you have 1 Historical Prior Felony Conviction- 9 months to 2.75 years in prison;
  • If you have 2 Historical Prior Felony Convictions- 2.25 years to 5.75 years in prison.

Have you been arrested? Do you need help avoiding jail time?