Possession of Drug Paraphernalia N.J.S.A. 2C:36-1 – NJ Possession of Paraphernalia – Penalties for Drug Paraphernalia NJ
“In New Jersey, possession of drug paraphernalia can actually leave you with a criminal record. Our firm knows the ways to keep your record clean.”
Possession of drug paraphernalia typically refers to equipment or accessories that are commonly used with drugs, including marijuana pipes, bongs, or rolling papers. Although it’s on the lower end of drug crimes, if you’re charged with possession of drug paraphernalia, you are still facing the jail time and other penalties outlined by New Jersey disorderly persons offenses.
Hiring an attorney experienced in drug crime defense can drastically reduce your punishments and can frequently leave you with no record. This obviously depends on the details of your case.
The Tormey Law Firm is a team of aggressive criminal defense attorneys, including an active NJ prosecutor with experience prosecuting drug crimes. Additionally, we have a video series on how we beat drug and marijuana charges that specifically applies to paraphernalia charges. Call us for a free consultation, and continue reading for more information about possession of drug paraphernalia in New Jersey.
Possession of drug paraphernalia in New Jersey is a disorderly persons offense, and it is set forth in N.J.S.A. 2C:36-2, which prohibits possession of drug-related items, including marijuana pipes, bongs, scales, plastic baggies, rolling papers, syringes, cutting agents, or prescription pads. Because the statute defines “drug paraphernalia” so broadly, prosecutors have a lot of latitude in bringing charges. They also love to rack up convictions. Those rolling papers that you were just using for tobacco could land you in jail for a very long time!
A conviction can result in six (6) months in jail and a fine of $1,000.00, in addition to loss of driver’s license for up to two (2) years.
Additionally, any kind of conviction for a drug crime can stain your permanent criminal record. These charges are difficult to explain to any potential employers.
Worse yet, because NJ prosecutors love to bring as many charges as possible in drug cases, a drug paraphernalia charge is often accompanied by other drug crime charges. A crafty prosecutor might even use a paraphernalia charge as leverage in your possession case.
There are defenses available to a possession of drug paraphernalia charge. If the police conducted an illegal search, your constitutional rights might have been violated. Additionally, if you are a first-time drug offender, you could be eligible for a diversionary program such as conditional discharge or pre-trial intervention (PTI). If you qualify, the charges against you could be dismissed after a one-year period of probation.
Call the New Jersey drug crime defense lawyers at the Tormey Law Firm for a free consultation about your possession of drug paraphernalia charge.
We know how to fight drug charges and help you avoid possession of drug paraphernalia penalties. With experienced criminal defense attorneys on staff, we know how to challenge the prosecution’s evidence and get you a win in the courtroom.
Give us a call today so that we can begin examining the evidence in your case and formulate strategies that will work for you.
N.J.S.A. 2C:36-1 – Possession of Drug Paraphernalia Statute – Definitions
As used in this act, “drug paraphernalia” means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance or controlled substance analog in violation of the provisions of chapter 35 of this title. It shall include, but not be limited to: a. kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived; b. kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled dangerous substances or controlled substance analogs; c. isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance; d. testing equipment used or intended for use identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances or controlled substance analogs; e. scales and balances used or intended for use in weighing or measuring controlled dangerous substances or controlled substance analogs; f. dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances or controlled substance analogs; g. separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana; h. blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances or controlled substance analogs; i. capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances or controlled substance analogs; j. containers and other objects used or intended for use in storing or concealing controlled dangerous substances or controlled substance analogs; k. objects used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) water pipes; (3) carburetion tubes and devices; (4) smoking and carburetion masks; (5) roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; (6) miniature cocaine spoons, and cocaine vials; (7) chamber pipes; (8) carburetor pipes; (9) electric pipes; (10) air-driven pipes; (11) chillums; (12) bongs; and (13) ice pipes or chillers.
In determining whether or not an object is drug paraphernalia, the trier of fact, in addition to or as part of the proofs, may consider the following factors: a. statements by an owner or by anyone in control of the object concerning its use; b. the proximity of the object of illegally possessed controlled dangerous substances or controlled substance analogs; c. the existence of any residue of illegally possessed controlled dangerous substances or controlled substance analogs on the object; d. 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 intend to use the object to facilitate a violation of this act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use as drug paraphernalia; e. instructions, oral or written, provided with the object concerning its use; f. descriptive materials accompanying the object which explain or depict its use; g. national or local advertising whose purpose the person knows or should know is to promote the sale of objects intended for use as drug paraphernalia; h. the manner in which the object is displayed for sale; i. the existence and scope of legitimate uses for the object in the community; and j. expert testimony concerning its use.
N.J.S.A 2C:36-2 – Possession of Drug Paraphernalia Statute – Offense
Use or possession with intent to use, disorderly persons offense.
It shall be 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, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance or controlled substance analog in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.