Many times individuals charged with drug offenses in New Jersey are charged not only with possession of marijuana or possession of cocaine but also with possession of drug paraphernalia under N.J.S.A. 2C:36-2. For example, if you are caught with a bong or pipe which was used to ingest marijuana, you will typically be charged with simple possession of marijuana (under 50 grams) for the residue in the pipe or bong as well as possession of drug paraphernalia. However, an experienced criminal defense attorney will know how to deal with these charges and explore all potential defenses to these drug offenses as well as any diversionary programs (such as a conditional discharge or Pre-Trial Intervention (PTI)) that may be applicable. Please contact the experienced criminal defense and drug possession lawyers at the Iler Law Firm for immediate assistance.
Possession of Drug Paraphernalia in New Jersey: N.J.S.A. 2C:36-2
N.J.S.A. 2C:36-2 governs charges for possession of drug paraphernalia in New Jersey and provides in pertinent part:
§ 2C:36-2. 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, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.
Explanation of the Statute and Penalties in New Jersey
As you can see, the above statute is extremely broad in defining what constitutes drug paraphernalia. This can include pipes, bongs, scales, plastic baggies, and rolling papers. This is a disorderly persons offense which results in a maximum sentence of 6 months in prison and a permanent criminal charge on your record. However, the drug paraphernalia charge is often not the biggest problem. It is typically accompanied by an indictable criminal charge for marijuana possession or possession with intent to distribute. As a result, it is important to contact an experienced criminal lawyer at the Iler Law Firm to navigate these charges and achieve the best resolution possible.
