Possession of Drug Paraphernalia

Many times individuals charged with drug offenses in New Jersey are charged not only with possession of marijuana or possession of cocaine but also with possession of drug paraphernalia under N.J.S.A. 2C:36-2. For example, if you are caught with a bong or pipe which was used to ingest marijuana, you will typically be charged with simple possession of marijuana (under 50 grams) for the residue in the pipe or bong as well as possession of drug paraphernalia. You can even catch a paraphernalia charge for the baggie that contains the drug you were charged with possessing. An experienced criminal defense attorney will know how to deal with these charges and explore all potential defenses to these drug offenses as well as any diversionary programs (such as a conditional discharge or Pre-Trial Intervention (PTI)) that may be applicable. Please contact the experienced criminal defense and drug possession lawyers at the Moriarty Law Firm for immediate assistance.

Possession of Drug Paraphernalia in New Jersey: N.J.S.A. 2C:36-2

N.J.S.A. 2C:36-2 governs charges for possession of drug paraphernalia in New Jersey and provides in pertinent part:

§ 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.

Explanation of the Statute and Penalties in New Jersey

As you can see, the above statute is extremely broad in defining what constitutes drug paraphernalia. This can include pipes, bongs, scales, plastic baggies, and rolling papers. This is a disorderly persons offense which results in a maximum sentence of 6 months in prison and a permanent criminal charge on your record. However, the drug paraphernalia charge is often not the biggest problem. It is typically accompanied by an indictable criminal charge for marijuana possession or possession with intent to distribute. As a result, it is important to contact an experienced criminal lawyer at the Moriarty Law Firm to navigate these charges and achieve the best resolution possible.

We Handle All Types of Criminal Charges

Criminal charges can be brought in either the Municipal or Superior court. The more severe the criminal charges the more likely they are to be handled in Superior Court, while minor charges are typically resolved in Municipal Court. We have a well deserved reputation for being the best in both arenas.

The severity of your charges is a determination made by the State and is usually based on a variety of factors. Penalties will vary based on the degree of the crime and whether or not there was a criminal conspiracy involved.

Call (732) 842-7773 to speak with one of the Moriartys 24 hours a day, 7 days a week to discuss your charges or you can contact us by e-mail to schedule a free initial consultation.