If you’re wondering whether the possession of drug paraphernalia is illegal in New Jersey, continue reading below. Even seemingly minor drug-related offenses can result in life-changing consequences, so understanding your legal rights and options is crucial. Contact a knowledgeable Mercer County drug crime lawyer at the Law Office of Douglas Herring to schedule your free case evaluation today.
What is Drug Paraphernalia?
Under New Jersey law, drug paraphernalia refers to any type of equipment, products, and materials that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, or concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance, controlled substance analog or toxic chemical, other than marijuana, hashish, or harm reduction supplies.
Examples of items that can be considered drug paraphernalia include:
- Scales and balances
- Dilutants and adulterants
- Blenders, bowls, containers, spoons, and mixing devices
- Capsules, balloons, envelopes, and other containers
- Isomerization devices
It’s important to note that some of these examples have alternate uses and are everyday household products. They are only considered paraphernalia if their use or intended use is drug-related.
Is Possession of Drug Paraphernalia Illegal in NJ?
Yes, use or possession with the intent to use drug paraphernalia is illegal in New Jersey. New Jersey Revised Statutes § 2C:36-2 states “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, other than when used, or possessed with intent to use, for ingesting, inhaling, or otherwise introducing marijuana or hashish into the human body.”
Having paraphernalia in your possession can be considered a crime, and you can be charged, even if no drugs are present. Prosecutors only need to prove that the item was intended for use with illegal substances.
What Are the Penalties for Possession of Drug Paraphernalia in NJ?
In New Jersey, possession of drug paraphernalia is charged as a disorderly persons offense, the state’s version of a misdemeanor. If convicted, you could face up to 6 months in jail and fines of up to $1,000. In some cases, a judge can suspend or revoke driving privileges for up to two years, even for offenses unrelated to driving.
While it is not a felony offense, it still results in a criminal record, which can affect your future in a variety of ways. Understanding your legal rights and defense options is imperative if you are facing drug charges in New Jersey. Reach out to an experienced attorney for more information and legal advice today.
