If a person is charged with possession of a hypodermic needle or syringe in violation of NJSA 2C:36-6, he/she will be facing a disorderly persons offense. The penalties upon conviction for possession of a hypodermic needle in New Jersey are as follows:
- Up to six months in prison
- up to $1000 fine
- possible drug testing
- loss of license
- criminal record
- possible probation
Attorney Todd Palumbo is a New Jersey criminal defense lawyer defending those charged with drug related offenses, including possession of drug paraphernalia and possession of a hypodermic needle or syringe. The Firm appears in all New Jersey municipal and superior courts including Essex and Hudson Counties. If you have been arrested and charged with possession or distribution of a hypodermic needle, it is wise to seek the advice of a lawyer who specializes in the practice of criminal law and who regularly provides representation to defendants facing drug and drug related charges. In most paraphernalia cases, we can avoid conviction and significantly reduce the fines and penalties imposed. If trial is necessary, we will explore all the available defenses and fight for your not guilty verdict. If plea negotiations are necessary, our clients can be assured that we will negotiate the best plea offer possible.
Please take the time to review NJSA 2C:36-6, which can be found directly below. Although there are statutorily provided defenses, there are a multitude of constitutional and procedural defenses that can also be asserted.If you have questions regarding the particular facts of your charged offense, please call today for a free consultation.
NJSA 2C:36-6. Possession or distribution of hypodermic syringe or needle.
a. Except as authorized by subsection b., c. or other law, it shall be unlawful for a person to have under his control or possess with intent to use a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in chapter 35 of Title 2C of the New Jersey Statutes or to sell, furnish or give to any person such syringe, needle or instrument. Any person who violates this section is guilty of a disorderly persons offense.
b.A person is authorized to possess and use a hypodermic needle or hypodermic syringe if the person obtains the hypodermic syringe or hypodermic needle by a valid prescription issued by a licensed physician, dentist or veterinarian and uses it for its authorized purpose.
No prescription for a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of controlled dangerous substances by subcutaneous injections shall be valid for more than one year from the date of issuance.
c.Subsection a. does not apply to a duly licensed physician, dentist, veterinarian, undertaker, nurse, podiatrist, registered pharmacist, or a hospital, sanitarium, clinical laboratory or any other medical institution, or a state or a governmental agency, or a regular dealer in medical, dental or surgical supplies, or a resident physician or intern of a hospital, sanitarium or other medical institution.