New Jersey’s Laws on Drug Paraphernalia

New Jersey’s Laws on Drug Paraphernalia: What You Need to Know

New Jersey has some of the strictest drug paraphernalia laws in the country. Possession of drug paraphernalia is illegal under New Jersey law (N.J.S.A. 2C:36-1)[1]. Specifically, it is considered a disorderly persons offense, punishable by up to 6 months in jail and a fine of up to $1000[2].

What constitutes “drug paraphernalia” under New Jersey law?

The definition is actually quite broad, encompassing “all equipment, products and materials of any kind” that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing a controlled dangerous substance into the human body[1].

Some common examples of drug paraphernalia include[3]:

• Bongs, pipes, bowls, chillums
• Rolling papers, blunt wraps
• Roach clips
• Scales and balances
• Sifters, blenders
• Syringes, needles
• Small ziplock baggies, vials

So even something as simple as a pack of rolling papers or small baggies could potentially land you with paraphernalia charges in New Jersey.

Penalties for Possession

Like we mentioned earlier, possession of drug paraphernalia is a disorderly persons offense in New Jersey, punishable by[2]:

• Up to 6 months in jail
• Fines up to $1000
• Potential driver’s license suspension for up to 2 years

What Constitutes “Possession”?

To be charged with possession of drug paraphernalia, the state needs to prove a few key elements[4]:

Knowing or purposeful possession: You have to knowingly or purposely have the item in your custody or control. So if police find a bong sitting on your coffee table, that would likely constitute possession. But if they found one buried in your backyard that you swear you’ve never seen before, you may have a defense.

Intent to use: The state has to prove that the item was intended to be used with illegal drugs, even if no drugs are currently present. So things like prior drug convictions, residue in the paraphernalia, and statements you make to police may come into play here.

Connection to illegal drugs: The paraphernalia has to be connected to illegal drugs in some way. So an item intended for use with legal substances may not qualify. However, things like bongs and pipes are pretty clearly intended for marijuana use, which is still illegal under federal law.

Defenses and Plea Options

If you’ve been charged with possession of drug paraphernalia in New Jersey, don’t panic. There are a few potential defenses and plea options that a knowledgeable attorney may be able to employ, such as[5]:

• Lack of possession/control: If police recovered an item from a common area you share with others, it may be difficult to prove you actually “possessed” it.
• Lack of intent: You can argue the item was intended for legitimate purposes like tobacco use. However, without evidence of actual legal substance use, this claim may fall flat.
• Unconstitutional search: If the paraphernalia was discovered through an illegal search, the evidence may get thrown out.
• Plea bargain: Plead to a lesser non-criminal violation in exchange for dismissal of criminal charges.
• Conditional discharge: Complete a term of probation in exchange for eventual dismissal and avoidance of a criminal record.

Frequently Asked Questions

Can drug paraphernalia charges impact my student financial aid?

Yes, if you are convicted of a drug-related offense, including possession of drug paraphernalia, you may lose eligibility for federal student loans, grants, and work-study funds. The period of ineligibility depends on whether it’s a first or repeat offense. You may also have to complete an approved drug rehabilitation program to regain aid eligibility.[6]

What happens if police find drug residue on paraphernalia in my home?

Finding residue on an item like a pipe or bong would indicate intent to use with illegal drugs. So you could face additional charges beyond just paraphernalia possession, including drug possession, possession with intent to distribute, or other offenses, depending on the circumstances. An experienced attorney can help minimize charges.

Can I be charged with possession if someone left paraphernalia at my house without my knowledge?

Possibly, but lack of knowledge/intent could be a strong defense here. If you can genuinely demonstrate you were unaware of the item’s presence on your property, did not intend to use it with drugs, and do not have a history of drug use, you may avoid conviction. Though police could still initially charge you based on the discovery.

What should I do if a police officer asks to search my bag or car?

You have the right to refuse a search request without probable cause. However, police may conduct a search anyway if they claim to have reasonable suspicion you committed or are about to commit a crime. Limit any statements to the officer and contact legal counsel immediately if arrested or cited.