In New Jersey, the use or possession of drug paraphernalia with the intent to use it is governed by Section 2C:36-2 of the 2023 New Jersey Revised Statutes. This law makes it illegal for any person to use or possess with the intent to use paraphernalia for activities related to controlled dangerous substances, such as planting, growing, manufacturing, processing, packing, storing, or introducing these substances into the human body. Violation of this statute is classified as a disorderly persons offense.
However, there is a notable exception in the law concerning marijuana and hashish. The use or possession of paraphernalia for ingesting, inhaling, or otherwise introducing marijuana or hashish into the human body is not considered a punishable offense under this section. Despite this exception, property owners and entities that control properties, such as multifamily housing, condominiums, cooperatives, and mobile home parks, retain the right to regulate or prohibit the use of drug paraphernalia on their premises.
New Jersey Drug Paraphernalia Possession Charges
For the district attorney’s office to prove that a person charged with drug paraphernalia is guilty, they must prove the following elements:
- The device, instrument, or drug paraphernalia for unlawfully injecting or smoking a controlled substance was in the defendant’s possession.
- The object’s presence was known to the defendant.
- The defendant knew it was an object intended for use to unlawfully inject, smoke, or swallow a controlled substance.
Everyday household objects can be considered “drug paraphernalia” if they are used in a manner that facilitates illegal drug use.
Typically, they include the following types of objects:
- Roach clips
- Needles
- Drug-packaging plastic bags
- Certain types of smoking pipes
- Spoons used for liquifying drugs
- Kits used for producing synthetic controlled substances
New Jersey drug paraphernalia possession lawyer Adam M. Lustberg may be able to help you get your charges dismissed. Attorney Lustberg has been experienced in dealing with crimes in NJ and he may be able to help you protect your rights and your freedom. Call our law firm today to speak with a skilled drug possession lawyer about your case.
https://www.lustberglaw.com/drug-crimes/drug-paraphernalia-possession-lawyer/
