New Jersey Section 2C:36-3 – Distribute, dispense or possess with intent to distribute or manufacture, crime of fourth degree.

New Jersey Law Makes it a Crime to Distribute Drug Paraphernalia

New Jersey has a law, 2C:36-3, that makes it a fourth-degree crime to distribute, dispense, or possess with intent to distribute drug paraphernalia. This law is part of New Jersey’s comprehensive drug paraphernalia laws aimed at reducing drug use and its harms. But what exactly does this law prohibit, what are the penalties, and what are some potential issues with the law? This article will break it down.

What Does the Law Prohibit?

The key prohibited acts under 2C:36-3 are:

• Distributing drug paraphernalia
• Dispensing drug paraphernalia
• Possessing drug paraphernalia with intent to distribute or manufacture it

“Drug paraphernalia” refers to any equipment, product, or material intended for making, using, or concealing illegal drugs. This includes things like bongs, pipes, scales, syringes, small ziplock bags, and any other products designed for illegal drug use[1].

Simply possessing drug paraphernalia for personal use is not enough to violate 2C:36-3. The law specifically targets the distribution and manufacture of these materials to prevent wider availability and use of illegal drugs.

What Are the Penalties?

A violation of 2C:36-3 is a crime of the fourth degree in New Jersey[2]. This means potential penalties can include:

• Up to 18 months in prison
• Fines up to $10,000
• Probation up to 5 years
• Driver’s license suspension

Judges have wide discretion in sentencing for fourth-degree crimes. The actual penalty imposed will depend on the specific facts of the case and prior criminal history of the defendant. Prosecutors can also offer plea bargains or pre-trial intervention to avoid conviction.

Are There Any Defenses?

There are some potential defenses to a 2C:36-3 charge, including[3]:

• Lack of intent – The defendant did not actually intend to distribute or manufacture the paraphernalia. This could apply if someone accidentally left drug materials in a place where others could access them.
• Entrapment – Law enforcement pressured the defendant into committing a crime they otherwise would not have.
• Misidentification – The prosecution has the wrong person and the defendant did not commit the crime.
• Illegal search – Evidence was obtained through an unconstitutional search, making it inadmissible.

An experienced New Jersey criminal defense lawyer can assess the evidence and determine if any defenses may apply in a specific case.

What Are Some Criticisms of the Law?

While 2C:36-3 aims to limit drug use, some critics argue the law has unintended consequences[4]:

• It can discourage safe practices – The law makes it harder for drug users to access clean needles and pipes, increasing health risks.
• It disproportionately impacts the poor – Those lacking means to buy paraphernalia may share needles or use makeshift, unsafe materials.
• It does not address root causes – Criminalizing paraphernalia does not treat underlying issues like addiction and poverty driving drug use.
• It contributes to mass incarceration – Critics see it as part of a flawed war on drugs filling prisons for non-violent crimes.
• It can be enforced discriminatorily – Like other drug laws, critics argue 2C:36-3 is disproportionately used against marginalized communities.
• It infringes on personal freedoms – Some see restricting access to drug paraphernalia as an infringement on personal liberties.

On the other side, supporters argue the law is necessary to limit the harms of drug use and curb dangerous black market activity. However, even some supporters concede adjustments to the law may be warranted.

How Does This Law Compare to Other States?

New Jersey is not alone in criminalizing drug paraphernalia distribution and possession. As of 2022, at least 42 other states had similar laws[5]. However, states vary in how they define drug paraphernalia and classify the offenses.

For example, some states like Ohio and Florida categorize distribution of drug paraphernalia as a misdemeanor rather than a felony. Others like California have passed additional laws to allow distribution of sterile needles and syringes to reduce health risks of intravenous drug use.

So while New Jersey’s law is stricter than some states, it is relatively mainstream in its general approach to criminalizing drug paraphernalia distribution. Efforts to reform drug paraphernalia laws are ongoing in many states.

Conclusion

New Jersey’s law against distributing and manufacturing drug paraphernalia aims to limit the harms of drug use by restricting access to drug materials. But critics argue the law can do more harm than good in some cases. With drug laws being re-examined nationwide, changes to 2C:36-3 could emerge in the future. For now, anyone charged under the law should consult an experienced criminal defense attorney to protect their rights. The complex issues surrounding drug paraphernalia laws will continue being debated by lawmakers, law enforcement, health professionals, and community advocates.

1
https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-36-1/
2
https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-36-3/
3
https://www.probeglawfirm.com/criminal-defense/drug-charges/paraphernalia-possession/
4
https://www.aclu.org/other/againstaids-war-drugs-and-drug-paraphernalia-laws[5] https://www.findlaw.com/state/criminal-laws/drug-paraphernalia-laws-by-state.html
https://codes.ohio.gov/ohio-revised-code/section-2925.14
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11364.&lawCode=HSC