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But the statute also defines drug paraphernalia more generally as all equipment, products and materials of any kind connected to illegal drug use. How Courts Determine Whether an Object Is Drug Paraphernalia Because so many everyday items have legitimate uses, ARS 13-3415(E) establishes a list of factors courts must consider when determining whether an object qualifies as drug paraphernalia: Statements by an owner or by anyone in control of the object concerning its use 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 The proximity of the object, in time and space, to a direct violation of this chapter The proximity of the object to drugs The existence of any residue of drugs on the object 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 Instructions, oral or written, provided with the object concerning its use Descriptive materials accompanying the object that explain or depict its use National and local advertising concerning its use The manner in which the object is displayed for sale 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 Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise The existence and scope of legitimate uses for the object in the community Expert testimony concerning its use Schedule your Consultation Now Sentencing for Drug Paraphernalia in Arizona A conviction under any subsection of ARS 13-3415 is a Class 6 felony

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