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NJ Drug Paraphernalia Laws

We have gathered the following New Jersey drug paraphernalia laws and statutes for your reference.  Many common household items may be characterized as drug paraphernalia, the possession of which may add to the charges and penalties you may face for a drug possession charge.  The statutes provided below are meant only to serve as general information.  If you have been charged under one of the following statutes, please contact Villani & DeLuca, P.C. at (732) 709-7757 for a free consultation.

Drug Paraphernalia Laws in NJ:

  • 2C:36-1.  Drug paraphernalia. – Under this act, “drug paraphernalia” is defined as any equipment, products or materials used for the purpose of cultivating, processing, packaging and introducing into the human body a controlled dangerous substance.  Common examples of drug paraphernalia are bongs, hash pipes, roach clips and cocaine vials.
  • 2C:36-2.  Use or possession with intent to use drug paraphernalia. – Any person who uses, or possesses with intent to use drug paraphernalia for the purpose of cultivating, packaging, processing and introducing into the human body a controlled dangerous substance will be guilty of a disorderly persons offense.  A person will be charged for this offense even without the presence of a controlled dangerous substance.
  • 2C:36-3.  Distribute, dispense or possess drug paraphernalia with intent to distribute or manufacture. – Those who knowingly distribute, manufacture or possess with intent to distribute drug paraphernalia for the purpose of growing, packaging or introducing a controlled dangerous substance into the human body are guilty of a fourth degree crime.
  • 2C:36-4.  Advertising to promote sale of drug paraphernalia. – Advertising in publications such as magazines, newspapers and billets for the purpose of promoting the sale of drug paraphernalia is a fourth degree crime.
  • 2C:36-5.  Delivering drug paraphernalia to a minor. – Any person 18 years or older who delivers drug paraphernalia to an individual under the age of 18 is guilty of a third degree crime.
  • 2C:36-6.  Possession or distribution of hypodermic syringe or needle. – It is illegal for a person to possess hypodermic needles or syringes for the purpose of injecting a controlled dangerous substance or a CDS analog.   This offense does not include individuals in possession of hypodermic needles or syringes through a valid prescription, or authorized professionals, such as doctors, veterinarians, undertakers and pharmacists.
  • 2C:36-6a.  Possession of syringe or needle through sterile syringe access program. – Individuals in possession of hypodermic needles or syringes through a sterile syringe access program are not guilty of committing a drug paraphernalia offense, even if the needle or syringe contains residue from a controlled dangerous substance or CDS analog.
  • 2C:36-6.1.  Discarding hypodermic needle or syringe. – Those who do not properly dispose of hypodermic needles or syringes are guilty of a petty disorderly persons offense.  This includes discarding unbroken needles or syringes in a place accessible to other people, and landlords and renters who knowingly allow such disposal to occur on their property.
  • 2C:36-6.2.  Sale by licensed pharmacy of hypodermic syringe or needle. – A pharmacy may sell hypodermic needles and syringes to a person who is 18 years of age or older, who presents valid photo identification.  Needles and syringes may be sold to such a person without a prescription if sold in quantities of 10 or less.  Pharmacists must provide the customer with information from the Department of Health about proper disposal methods and substance abuse treatment options.
  • 2C:36-6.3.  Affirmative defense to criminal action. – The defendant will bear the burden of providing affirmative defense against the charge of illegally possessing hypodermic needles or syringes.  A defendant must show by a preponderance of evidence that he or she was in possession of the needles or syringe through legal means as stated under statute 2C:36-6.2.
  • 2C:36-7.  Unlawful seizure of drug paraphernalia. – Any paraphernalia seized as a result of a drug paraphernalia violation will be subject to forfeiture by the State.
  • 2C:36-8.  Severability. – Under the law of severability, if any provision of this chapter is found to be invalid or unconstitutional, all other portions considered valid will still be upheld.
  • 2C:36-9.  Pending cases. – All pending cases for offenses that occurred prior to the effective date of this act will be governed by the previous laws.
  • 2C:36-10.  Defrauding the administration of a drug test. – The offense of defrauding the admission of a drug test refers to the submission of a fraudulently obtained substance for the purpose of passing a drug test.  Examples include submitting a urine sample that has been obtained from someone else, and submitting your own sample that was obtained prior to the test.

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