New Jersey Section 2C:36-2 – Use or possession with intent to use, disorderly persons offense.

New Jersey’s Drug Paraphernalia Law – What You Need to Know

New Jersey’s drug paraphernalia law, codified as Section 2C:36-2 of the New Jersey Code of Criminal Justice, makes it illegal to use or possess drug paraphernalia with the intent to use it. This statute classifies possession of drug paraphernalia as a disorderly persons offense, which can result in fines and jail time if convicted.

What is Considered Drug Paraphernalia?

The law defines drug paraphernalia very broadly. Essentially, any item that is used or intended to be used in conjunction with illegal drugs can be considered paraphernalia. Some common examples include:

• Pipes, bongs, bowls, chillums
• Rolling papers, blunt wraps
• Roach clips
• Scales
• Grinders
• Snorting devices like spoons or straws
• Syringes, needles
• Small baggies, vials
• Stash containers
• Products used to grow or manufacture drugs like hydroponic equipment

The law also says that proximity to drugs, residue of drugs, and manufacturer instructions can be used as evidence that an item is paraphernalia. So even if an item has legal uses, it can still be considered paraphernalia in the right context.

Penalties for Possession of Paraphernalia

Possession of drug paraphernalia is a disorderly persons offense in New Jersey. This means it is a simple misdemeanor that carries these potential penalties:

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

While paraphernalia possession is a low-level offense, it still results in a permanent criminal record if convicted. This can negatively impact job and housing opportunities in the future.

Defenses Against Paraphernalia Charges

There are a few legal defenses that can be raised to fight paraphernalia possession charges:

Lack of Intent – The prosecution must prove you intended to use the item with drugs. If the item has legitimate uses, you can argue you only intended legal uses.

No Proof of Drug Residue – Without evidence of residue, the item may not meet the standards for paraphernalia. Lab testing often fails to detect residue.

Fourth Amendment Violations – If the paraphernalia was obtained through an illegal search, the evidence can be suppressed.

Misidentification – The item may not actually qualify as paraphernalia under the law.

An experienced criminal defense lawyer can evaluate the specifics of your case and build the strongest defense strategy.

Recent Changes to the Paraphernalia Law

In 2021, New Jersey passed legislation decriminalizing marijuana possession in small amounts. As part of this, the paraphernalia law was amended so that possession of items used for marijuana is no longer illegal. However, paraphernalia intended for other drugs is still a criminal offense.

This change significantly limits what can be considered paraphernalia. For example, a marijuana pipe or papers only for marijuana would not lead to criminal charges now.

How Police Identify Paraphernalia

During traffic stops and searches, police look for any items that match the list of common paraphernalia above. Things like multiple baggies, snorting straws, or a scale can quickly attract suspicion.

Officers use context clues like hidden compartments, nervous behavior, and proximity to drugs to determine if items are being used illegally. They may perform field tests on suspected paraphernalia to identify drug residue.

Because the legal definition is so broad, you should avoid carrying items that could be used with drugs like pipes or baggies. And never consent to a search if officers ask, because “innocent” items can still lead to charges.

Penalties for Distribution or Advertising Paraphernalia

While possession for personal use is a disorderly persons offense, the penalties are much harsher if you distribute, manufacture, or advertise drug paraphernalia.

NJ statute 2C:36-3 makes distribution or possession with intent to distribute paraphernalia a 4th degree crime. This carries up to 18 months in prison and $10,000 in fines.

Advertising paraphernalia is also a 4th degree crime under 2C:36-4. General promotion of paraphernalia can lead to the same penalties as distributing it directly.

And if you distribute paraphernalia to someone under 18, it becomes a 3rd degree crime per 2C:36-5. This is punishable by 3-5 years in prison.