In New Jersey, possession of Drug Paraphernalia is a criminal charge in violation of NJSA 2c:36-2. Police typically charge possession of drug paraphernalia in conjunction with other drug possession or distribution offenses such as possession of less than 50 grams of marijuana and possession of cocaine. Examples of drug paraphernalia are marijuana pipes, bongs or water pipes, rolling papers in some instances, cocaine straws, baggies, scales, etc. This also includes any instrument adapted for the use of a controlled dangerous substance. In most cases, the device will have to be lab tested for drug residue for the State to prove its case.
Todd Palumbo. Esq. is an attorney defending those arrested and charged with possession of drug paraphernalia in New Jersey. If you or a loved one has been charged with this offense, it is imperative that you contact an experienced NJ criminal defense lawyer for a free consultation. NJSA 2C:36-2 sets forth the law as follows:
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.
Possession of drug paraphernalia is in violation of NJSA 2C:36-2. A charge under this statute is a disorderly persons offense punishable by up to 6 months in jail, loss of license, and heavy fines. If you are convicted possession of drug paraphernalia in NJ, it will be on your criminal record.
In some instances, possession of drug paraphernalia will be the least of your problems. As stated previously, you may be facing possession charges under NJSA 2C:35-10 for marijuana, cocaine, heroin, or other narcotics. Worse yet, you may be facing a marijuana distribution or CDS distribution charge.
Frequently, as in most drug offenses, there are numerous defenses and alternative dispositions available to those arrested and charged with drug offenses. It is possible that your constitutional rights were violated during an illegal search or during questioning. You may be eligible for a deferred adjudication program such as conditional discharge or pre-trial intervention, commonly referred to as PTI.
If you have been charged with possession of drug paraphernalia or any of the offenses listed in this article, contact a criminal defense attorney who offers free consultations. I can answer all of your questions and determine your available defenses to the charges.