Arizona laws regarding ownership of ground glassware for chemistry usage
I was watching a YouTube video that included an interview with a Clandestine Chemist, and at the 8:50 mark, he states:
In Arizona, mere possession of ground glassware is a felony, if you're not a licensed chemist.
I live in Arizona, and I do some organic chemistry on my spare time. So hearing this worries me, especially when it's coming from someone who has so much experience with the law in regards to chemistry and ground glassware. Granted, everything I have is 14/20 or 14/10 scale (mini and micro scale, respectively), which is as small as it gets. So if I was manufacturing narcotics, that would be the most tedious operation.
Does anyone know if the above statement is accurate? I tried looking for some ARS stating that it was illegal to own ground glassware, but wasn't able to come up with anything specifically stating that it's illegal.
criminal-law legal-research arizona
add a comment |
I was watching a YouTube video that included an interview with a Clandestine Chemist, and at the 8:50 mark, he states:
In Arizona, mere possession of ground glassware is a felony, if you're not a licensed chemist.
I live in Arizona, and I do some organic chemistry on my spare time. So hearing this worries me, especially when it's coming from someone who has so much experience with the law in regards to chemistry and ground glassware. Granted, everything I have is 14/20 or 14/10 scale (mini and micro scale, respectively), which is as small as it gets. So if I was manufacturing narcotics, that would be the most tedious operation.
Does anyone know if the above statement is accurate? I tried looking for some ARS stating that it was illegal to own ground glassware, but wasn't able to come up with anything specifically stating that it's illegal.
criminal-law legal-research arizona
add a comment |
I was watching a YouTube video that included an interview with a Clandestine Chemist, and at the 8:50 mark, he states:
In Arizona, mere possession of ground glassware is a felony, if you're not a licensed chemist.
I live in Arizona, and I do some organic chemistry on my spare time. So hearing this worries me, especially when it's coming from someone who has so much experience with the law in regards to chemistry and ground glassware. Granted, everything I have is 14/20 or 14/10 scale (mini and micro scale, respectively), which is as small as it gets. So if I was manufacturing narcotics, that would be the most tedious operation.
Does anyone know if the above statement is accurate? I tried looking for some ARS stating that it was illegal to own ground glassware, but wasn't able to come up with anything specifically stating that it's illegal.
criminal-law legal-research arizona
I was watching a YouTube video that included an interview with a Clandestine Chemist, and at the 8:50 mark, he states:
In Arizona, mere possession of ground glassware is a felony, if you're not a licensed chemist.
I live in Arizona, and I do some organic chemistry on my spare time. So hearing this worries me, especially when it's coming from someone who has so much experience with the law in regards to chemistry and ground glassware. Granted, everything I have is 14/20 or 14/10 scale (mini and micro scale, respectively), which is as small as it gets. So if I was manufacturing narcotics, that would be the most tedious operation.
Does anyone know if the above statement is accurate? I tried looking for some ARS stating that it was illegal to own ground glassware, but wasn't able to come up with anything specifically stating that it's illegal.
criminal-law legal-research arizona
criminal-law legal-research arizona
edited yesterday
Nij
2,08231126
2,08231126
asked yesterday
JustinJustin
21327
21327
add a comment |
add a comment |
1 Answer
1
active
oldest
votes
Arizona does not license chemists, though they do license pharmacists. There is a law against possession of drug paraphernalia, violation of which is a felony. The law also says
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:
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 which 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.
The size of your equipment would be relevant in defending against such a charge; your publications in the field of chemistry would be relevant. The burden of proof is on the prosecution to show that you were using the glassware to make drugs. Paraphernalia is defined as
all equipment, products and materials of any kind which 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.
so a garden shovel can be used to grow marijuana, but that is not enough. The prosecution has to prove that the items "are used, intended for use or designed for use" in drug making – not just that they could be so used.
2
I came across a lot of this info when I was researching it on my own, and came to nearly the same conclusion. Thank you for confirming it for me.
– Justin
yesterday
12
"Materials of any kind" would seem to include dihydrogen monoxide.
– sjl
20 hours ago
7
@sjl it does. Now read point 13. again.
– DonQuiKong
20 hours ago
3
@PeterA.Schneider Isn't the point though that they do have to prove it? They just don't have to catch them actually in the process of making drugs using that equipment.
– Graham
16 hours ago
7
@sgf "That everybody [just] knows" is not sufficient for a conviction, and for good reason. All the rules of law have been written in blood [read: are the result of bad experience and have been fought for against the powerful], starting with the Magna Carta. In the 1600s they "just knew" she was a witch, not least because of the paraphernalia in her hut. In the 1950s they "just knew" they were traitors because of the Communist Manifest, and so on.
– Peter A. Schneider
16 hours ago
|
show 13 more comments
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Arizona does not license chemists, though they do license pharmacists. There is a law against possession of drug paraphernalia, violation of which is a felony. The law also says
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:
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 which 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.
The size of your equipment would be relevant in defending against such a charge; your publications in the field of chemistry would be relevant. The burden of proof is on the prosecution to show that you were using the glassware to make drugs. Paraphernalia is defined as
all equipment, products and materials of any kind which 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.
so a garden shovel can be used to grow marijuana, but that is not enough. The prosecution has to prove that the items "are used, intended for use or designed for use" in drug making – not just that they could be so used.
2
I came across a lot of this info when I was researching it on my own, and came to nearly the same conclusion. Thank you for confirming it for me.
– Justin
yesterday
12
"Materials of any kind" would seem to include dihydrogen monoxide.
– sjl
20 hours ago
7
@sjl it does. Now read point 13. again.
– DonQuiKong
20 hours ago
3
@PeterA.Schneider Isn't the point though that they do have to prove it? They just don't have to catch them actually in the process of making drugs using that equipment.
– Graham
16 hours ago
7
@sgf "That everybody [just] knows" is not sufficient for a conviction, and for good reason. All the rules of law have been written in blood [read: are the result of bad experience and have been fought for against the powerful], starting with the Magna Carta. In the 1600s they "just knew" she was a witch, not least because of the paraphernalia in her hut. In the 1950s they "just knew" they were traitors because of the Communist Manifest, and so on.
– Peter A. Schneider
16 hours ago
|
show 13 more comments
Arizona does not license chemists, though they do license pharmacists. There is a law against possession of drug paraphernalia, violation of which is a felony. The law also says
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:
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 which 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.
The size of your equipment would be relevant in defending against such a charge; your publications in the field of chemistry would be relevant. The burden of proof is on the prosecution to show that you were using the glassware to make drugs. Paraphernalia is defined as
all equipment, products and materials of any kind which 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.
so a garden shovel can be used to grow marijuana, but that is not enough. The prosecution has to prove that the items "are used, intended for use or designed for use" in drug making – not just that they could be so used.
2
I came across a lot of this info when I was researching it on my own, and came to nearly the same conclusion. Thank you for confirming it for me.
– Justin
yesterday
12
"Materials of any kind" would seem to include dihydrogen monoxide.
– sjl
20 hours ago
7
@sjl it does. Now read point 13. again.
– DonQuiKong
20 hours ago
3
@PeterA.Schneider Isn't the point though that they do have to prove it? They just don't have to catch them actually in the process of making drugs using that equipment.
– Graham
16 hours ago
7
@sgf "That everybody [just] knows" is not sufficient for a conviction, and for good reason. All the rules of law have been written in blood [read: are the result of bad experience and have been fought for against the powerful], starting with the Magna Carta. In the 1600s they "just knew" she was a witch, not least because of the paraphernalia in her hut. In the 1950s they "just knew" they were traitors because of the Communist Manifest, and so on.
– Peter A. Schneider
16 hours ago
|
show 13 more comments
Arizona does not license chemists, though they do license pharmacists. There is a law against possession of drug paraphernalia, violation of which is a felony. The law also says
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:
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 which 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.
The size of your equipment would be relevant in defending against such a charge; your publications in the field of chemistry would be relevant. The burden of proof is on the prosecution to show that you were using the glassware to make drugs. Paraphernalia is defined as
all equipment, products and materials of any kind which 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.
so a garden shovel can be used to grow marijuana, but that is not enough. The prosecution has to prove that the items "are used, intended for use or designed for use" in drug making – not just that they could be so used.
Arizona does not license chemists, though they do license pharmacists. There is a law against possession of drug paraphernalia, violation of which is a felony. The law also says
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:
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 which 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.
The size of your equipment would be relevant in defending against such a charge; your publications in the field of chemistry would be relevant. The burden of proof is on the prosecution to show that you were using the glassware to make drugs. Paraphernalia is defined as
all equipment, products and materials of any kind which 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.
so a garden shovel can be used to grow marijuana, but that is not enough. The prosecution has to prove that the items "are used, intended for use or designed for use" in drug making – not just that they could be so used.
edited 10 hours ago
psmears
1092
1092
answered yesterday
user6726user6726
59.5k454101
59.5k454101
2
I came across a lot of this info when I was researching it on my own, and came to nearly the same conclusion. Thank you for confirming it for me.
– Justin
yesterday
12
"Materials of any kind" would seem to include dihydrogen monoxide.
– sjl
20 hours ago
7
@sjl it does. Now read point 13. again.
– DonQuiKong
20 hours ago
3
@PeterA.Schneider Isn't the point though that they do have to prove it? They just don't have to catch them actually in the process of making drugs using that equipment.
– Graham
16 hours ago
7
@sgf "That everybody [just] knows" is not sufficient for a conviction, and for good reason. All the rules of law have been written in blood [read: are the result of bad experience and have been fought for against the powerful], starting with the Magna Carta. In the 1600s they "just knew" she was a witch, not least because of the paraphernalia in her hut. In the 1950s they "just knew" they were traitors because of the Communist Manifest, and so on.
– Peter A. Schneider
16 hours ago
|
show 13 more comments
2
I came across a lot of this info when I was researching it on my own, and came to nearly the same conclusion. Thank you for confirming it for me.
– Justin
yesterday
12
"Materials of any kind" would seem to include dihydrogen monoxide.
– sjl
20 hours ago
7
@sjl it does. Now read point 13. again.
– DonQuiKong
20 hours ago
3
@PeterA.Schneider Isn't the point though that they do have to prove it? They just don't have to catch them actually in the process of making drugs using that equipment.
– Graham
16 hours ago
7
@sgf "That everybody [just] knows" is not sufficient for a conviction, and for good reason. All the rules of law have been written in blood [read: are the result of bad experience and have been fought for against the powerful], starting with the Magna Carta. In the 1600s they "just knew" she was a witch, not least because of the paraphernalia in her hut. In the 1950s they "just knew" they were traitors because of the Communist Manifest, and so on.
– Peter A. Schneider
16 hours ago
2
2
I came across a lot of this info when I was researching it on my own, and came to nearly the same conclusion. Thank you for confirming it for me.
– Justin
yesterday
I came across a lot of this info when I was researching it on my own, and came to nearly the same conclusion. Thank you for confirming it for me.
– Justin
yesterday
12
12
"Materials of any kind" would seem to include dihydrogen monoxide.
– sjl
20 hours ago
"Materials of any kind" would seem to include dihydrogen monoxide.
– sjl
20 hours ago
7
7
@sjl it does. Now read point 13. again.
– DonQuiKong
20 hours ago
@sjl it does. Now read point 13. again.
– DonQuiKong
20 hours ago
3
3
@PeterA.Schneider Isn't the point though that they do have to prove it? They just don't have to catch them actually in the process of making drugs using that equipment.
– Graham
16 hours ago
@PeterA.Schneider Isn't the point though that they do have to prove it? They just don't have to catch them actually in the process of making drugs using that equipment.
– Graham
16 hours ago
7
7
@sgf "That everybody [just] knows" is not sufficient for a conviction, and for good reason. All the rules of law have been written in blood [read: are the result of bad experience and have been fought for against the powerful], starting with the Magna Carta. In the 1600s they "just knew" she was a witch, not least because of the paraphernalia in her hut. In the 1950s they "just knew" they were traitors because of the Communist Manifest, and so on.
– Peter A. Schneider
16 hours ago
@sgf "That everybody [just] knows" is not sufficient for a conviction, and for good reason. All the rules of law have been written in blood [read: are the result of bad experience and have been fought for against the powerful], starting with the Magna Carta. In the 1600s they "just knew" she was a witch, not least because of the paraphernalia in her hut. In the 1950s they "just knew" they were traitors because of the Communist Manifest, and so on.
– Peter A. Schneider
16 hours ago
|
show 13 more comments
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