Drug Offenses | Drug Paraphernalia

Possession of Drug Paraphernalia

Possession of drug paraphernalia is a common charge brought by police against individuals in Ocean County and Monmouth County, New Jersey. Often times, being arrested for marijuana possession figures into the circumstances where there has been a charge of possession of drug paraphernalia. You need an experienced New Jersey drug lawyer to discuss your case and represent you in court.

Under New Jersey law, drug paraphernalia refers to any equipment used to produce, conceal, and/or consume illegal drugs. That is a broad definition, and includes such things as:

• Rolling papers marked with marijuana residue
• Glass pipes with smoke stains
• Hypodermic needles
• Bongs
• Roach Clips
• Vials
• Plastic baggies
• Syringes

A common scenario is where an individual is driving home from a house party or from the beach shortly after smoking a joint and is stopped by police for a traffic violation. The police officer conducting the traffic stop smells the evidence of recent marijuana use, and the individual unwisely agrees to the police officer’s request to search his vehicle. Searching the vehicle, the police officer discovers some sort of drug paraphernalia- frequently rolling papers or a roach clip. The police officer arrests the individual and charges possession of drug paraphernalia.

Has something similar happened to you? If so, you need to call the experienced NJ criminal defense attorneys at Villani & DeLuca, P.C. at 732-892-9050, or contact us. Our criminal defense law firm frequently represents individuals arrested for possession of drug paraphernalia. We are NJ drug attorneys.

A charge of possession of drug paraphernalia is no laughing matter, and it can have serious consequences for your future; especially where you have also been charged with possession of illegal drugs. For example, if you are either employed or intend on becoming employed as a teacher or employee of a public school system in regular contact with pupils, a conviction for possession of drug paraphernalia will result in your inability to obtain or retain employment as this charge is a “disqualifying” offense barring an individual from employment within a public school system. (New Jersey Statute 18A:6-7.1).

Call 732-892-9050 to speak with one of our New Jersey criminal defense attorneys today and discuss the facts of your case. We are NJ drug lawyers. We offer a free consultation click here.

Depending on the facts and circumstances surrounding your case, and other considerations, for example, whether you have a prior criminal history, you may be eligible to receive a conditional discharge for your possession of drug paraphernalia charge. A conditional discharge keeps you out of jail, but you must abide by the terms of the conditional discharge as determined by the Judge or County probation office. Call one of our NJ criminal defense lawyers to discuss the possibility of a conditional discharge to resolve your case.

Carmine R. Villani, Esquire, leads our team of experienced criminal defense attorneys. For more than 18 years, Mr. Villani has regularly appeared in New Jersey Superior Court and the many municipal courts in Monmouth County and Ocean County, New Jersey. Mr. Villani will evaluate your case and determine if you are eligible for a conditional discharge or discuss other possible dispositions for your case.

N.J.S.A. 2C: 36-1 Drug paraphernalia; determination.

As used in this act, "drug paraphernalia" means all equipment, products and materials of any kind which 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 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.  It shall include, but not be limited to:  a. kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived; b. kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled dangerous substances or controlled substance analogs; c. isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance; d. testing equipment used or intended for use identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances or controlled substance analogs; e. scales and balances used or intended for use in weighing or measuring controlled dangerous substances or controlled substance analogs; f. dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances or controlled substance analogs; g. separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana; h. blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances or controlled substance analogs; i. capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances or controlled substance analogs; j. containers and other objects used or intended for use in storing or concealing controlled dangerous substances, controlled substance analogs or toxic chemicals; k. objects used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, hashish oil, nitrous oxide or the fumes of a toxic chemical  into the human body, such as (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) water pipes; (3) carburetion tubes and devices; (4) smoking and carburetion masks; (5) roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; (6) miniature cocaine spoons, and cocaine vials; (7) chamber pipes; (8) carburetor pipes; (9) electric pipes; (10) air-driven pipes; (11) chillums; (12) bongs; (13) ice pipes or chillers; (14) compressed gas containers, such as tanks, cartridges or canisters, that contain food grade or pharmaceutical grade nitrous oxide as a principal ingredient; (15) chargers or charging bottles, meaning metal, ceramic or plastic devices that contain an interior pin that may be used to expel compressed gas from a cartridge or canister; and (16) tubes, balloons, bags, fabrics, bottles or other containers used to concentrate or hold in suspension a toxic chemical or the fumes of a toxic chemical.

In determining whether or not an object is drug paraphernalia, the trier of fact, in addition to or as part of the proofs, may consider the following factors:  a. statements by an owner or by anyone in control of the object concerning its use; b. the proximity of the object of illegally possessed controlled dangerous substances, controlled substance analogs or toxic chemicals; c. the existence of any residue of illegally possessed controlled dangerous substances, controlled substance analogs or toxic chemicals on the object; d. direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use as drug paraphernalia; e. instructions, oral or written, provided with the object concerning its use; f. descriptive materials accompanying the object which explain or depict its use; g. national or local advertising whose purpose the person knows or should know is to promote the sale of objects intended for use as drug paraphernalia; h. the manner in which the object is displayed for sale; i. the existence and scope of legitimate uses for the object in the community; and j. expert testimony concerning its use.

Amended 2007, c.31, s.2

N.J.S.A. 2C:36-2 Use or possession with intent to use, disorderly persons offense.

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. Any person who violates this section is guilty of a disorderly persons offense.

Amended 2007, c.31, s.3.

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2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition 2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition. a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to: (1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be impos