New Jersey Section 2C:36-1 – Drug paraphernalia, defined; determination.

New Jersey Drug Paraphernalia Law – What You Need to Know

New Jersey has strict laws against the possession and use of drug paraphernalia. Section 2C:36-1 of the New Jersey Code defines drug paraphernalia as “all equipment, products and materials of any kind which are used or intended for use” in illegal drug activity. This covers a wide range of items – from bongs and pipes to scales and plastic baggies. Understanding the specifics of this law is crucial for anyone facing drug paraphernalia charges in New Jersey.

What Qualifies as Drug Paraphernalia Under New Jersey Law?

The statute provides a non-exhaustive list of items considered drug paraphernalia. This includes:

• Kits for growing illegal substances like marijuana
• Items used to manufacture or process illegal drugs
• Blenders, bowls, spoons used to make illegal drugs
• Capsules, balloons, baggies used to package drugs
• Containers to conceal or store drugs
• Objects to ingest drugs like pipes, bongs, carburetion tubes
• Scales and other items used to weigh drugs

Notably, the law also includes ambiguous categories like “other containers” and objects used to “facilitate” drug violations. This gives police and prosecutors broad discretion to charge paraphernalia possession.

How Do They Determine if an Item is Paraphernalia?

New Jersey law lays out several factors that can help establish if an object counts as drug paraphernalia:

• Statements about the item’s intended use
• Finding residue of illegal drugs on the object
• Proximity of the object to illegal drugs
• Instructions provided with the object on how to use it
• Descriptions, advertising, or displays that suggest illegal drug use
• Expert testimony about the item’s customary use

For example, finding a glass pipe with marijuana residue would clearly qualify as paraphernalia. But less obvious items like plastic baggies or a digital scale may also meet the criteria depending on the circumstances.

What Are the Penalties for Possessing Drug Paraphernalia in New Jersey?

Possession of drug paraphernalia is a disorderly persons offense under N.J.S.A. 2C:36-2. This is a misdemeanor-level offense, punishable by:

• Up to 6 months in jail
• Fines up to $1,000
• Driver’s license suspension up to 2 years

A paraphernalia conviction also goes on your permanent criminal record. And if charged alongside other drug crimes, it can negatively impact your overall case outcome.

Are There Any Defenses to Paraphernalia Charges?

Yes, several strong defenses may apply depending on your specific circumstances:

• Lack of criminal intent – The state must prove you intended to use the item with illegal drugs. For example, you may have valid, legal uses for plastic baggies or a scale in your home.
• Improper police conduct – If officers violated your rights by conducting an illegal search, any evidence found may be suppressed.
• Misidentified object – Without drug residue or other proof, the state may struggle to show household items were truly paraphernalia.
• Personal use exception – Sharing drug paraphernalia remains illegal, but items for personal use may be protected under N.J.S.A. 2C:36-6.

Recent Cases and Controversies

Several recent cases highlight how New Jersey’s broad paraphernalia laws are applied:

• In State v. Morrison, a man faced charges for having a digital scale and unused jewelry bags allegedly meant for packaging cocaine. The court upheld the charges based on expert testimony about typical drug dealing activities.
• State v. Womack involved charges over two handguns and a small amount of marijuana found during a traffic stop. Prosecutors used the presence of the marijuana to turn the handguns into drug paraphernalia possession.
• Civil rights advocates oppose how paraphernalia laws disproportionately impact minorities and low-income individuals. These groups call for reducing criminal penalties for minor non-violent offenses.

How an Attorney Can Help Fight Paraphernalia Charges

Given the complexity of paraphernalia laws, working with an experienced criminal defense attorney is highly recommended if you face these types of charges. An attorney can carefully examine the evidence and circumstances of your case to build the strongest defense.

They may also negotiate with prosecutors for reduced penalties or dismissal through diversion programs. This can help avoid the severe consequences of a paraphernalia conviction in New Jersey. Don’t hesitate to call a lawyer for help if you or a loved one has been accused of possessing drug paraphernalia