Defending NJ 2C:36-6.3. Affirmative defense to criminal action.
After you read the following NJ Criminal Statute (Affirmative defense to criminal action) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case. The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor. Call the number above for a free 24×7 phone consultation or read more about the drug paraphernalia charge.
NJ Statute: 2C:36-6.3. Affirmative defense to criminal action, construction of act.
It is an affirmative defense to any criminal action arising under chapter 36 of Title 2C of the New Jersey Statutes for possession of a hypodermic syringe or needle that the item was obtained pursuant to the authority of section 1 of P.L.2011, c.183 (C.2C:36-6.2). The affirmative defense established herein shall be proved by the defendant by a preponderance of the evidence. It shall not be necessary for the State to negate any such fact in any criminal complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding. Nothing in this act shall be construed to limit or constrain in any way a prosecution for the possession, manufacture, or distribution of a controlled dangerous substance or for any other conduct proscribed by chapter 35 or chapter 36 of Title 2C of the New Jersey Statutes.
L.2011, c.183, s.2.
AKA: NJ Criminal Charge 2C:36-6.3, Violation 2C:36-6.3, Offense 2C:36-6.3
Next > 2C:36-7. Unlawful seizure of drug paraphernalia.
Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.