New Jersey law makes it illegal for a person to possess equipment or materials used to create, package, transport, or consume illegal drugs, also called “drug paraphernalia.” If you’ve been charged with possession of drug paraphernalia, it helps to understand what items qualify as paraphernalia and what strategies might help in your defense.
What Qualifies as Drug Paraphernalia?
Under N.J.S.A. 2C:36-1, “drug paraphernalia” includes all equipment, products, and materials used or intended for use in planning, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body any controlled dangerous substance. Examples of materials that expressly qualify as drug paraphernalia under the statute include:
- Kits used or intended for use in planning, propagating, cultivating, growing, or harvesting any plan that qualifies as a controlled dangerous substance or from which a person could derive a CDS.
- Kits used for manufacturing, compounding, producing, processing, or preparing drugs
- Isomerization devices used or intended for use in increasing the potency of any species of plant that qualifies as a controlled dangerous substance
- Scales and balances used or intended for use in weighing or measuring controlled dangerous substances
- Dilutants or adulterants used or intended for use in cutting controlled dangerous substances
- Blenders, bowls, containers, spoons, and mixing devices used or intended for use in compounding controlled substances
- Capsules, balloons, envelopes, or other containers used or intended for use in packaging small quantities of controlled dangerous substances
- Containers used or intended for use in storing or concealing controlled dangerous substances
- Objects used or intended for use to inhale or ingest drugs, such as pipes, carburetion tubes, smoking masks, roach clips, cocaine spoons, bongs, chillums, chargers, or tubes, balloons, bags, or bottles used to hold toxic fumes
Potential Penalties for Drug Paraphernalia Charges
N.J.S.A. 2C:36-2 makes it illegal for a person to use or possess with intent to use any drug paraphernalia. A violation of the drug paraphernalia statute constitutes a disorderly persons offense. A conviction for a disorderly persons offense in New Jersey can impose a penalty of up to six months in jail, a fine of up to $1,000, or both incarceration and a fine. Courts may impose other fees and court costs, probation instead of incarceration, or a suspension of a driver’s license.
Defense Strategies When Facing Charges for Drug Paraphernalia
Depending on the circumstances, someone facing drug paraphernalia charges could explore potential defense strategies like the following:
- Non-qualifying items: A defendant may argue that an item does not qualify as an object or material used in the production or consumption of drugs.
- Lack of intent: Defendants may assert that they did not intend to use suspected items in their possession for the production or consumption of drugs.
- Lack of possession: A defendant may argue that the facts fail to prove they had actual or constructive possession of suspected drug paraphernalia.
- Unlawful search: Defendants may challenge the legality of the police’s search that uncovered suspected paraphernalia to move to exclude that evidence from the prosecution’s case.
Contact Our Freehold, NJ Criminal Defense Attorneys for Help
If you’ve been arrested on drug paraphernalia charges, you need experienced legal counsel to protect your rights and options. Contact Keith Oliver Criminal Law today for a confidential consultation with a Freehold, NJ, criminal defense attorney to learn how our firm will fight for the best outcome possible.
