Drug Paraphernalia 2C:36-2

Hamilton NJ Drug Paraphernalia Lawyers

Possession of drug paraphernalia is a criminal offense in New Jersey and if convicted an individual would be facing rather stiff penalties, including jail time. Although an individual could be charged with possession of drug paraphernalia alone for possessing a bowl, a grinder, a pipe, a needle or a bong it is usually issued in conjecture with another criminal offense like possession of marijuana, possession of heroin or possession of cocaine. Irrespective of the situation, if you have been charged with possessing drug paraphernalia in Mercer County, it is crucial that you speak to an experienced Mercer County drug possession defense attorney as soon as possible about your options.

In addition to the potential jail time that comes along with a conviction for possession of drug paraphernalia, an individual will also be facing high fines, a criminal record, community service and up to a six month loss of driving privileges. So, as you can see this is a serious offense and one that should not be handled alone. If you or someone you know has been charged with possessing drug paraphernalia, possessing  marijuana under 50 grams, DWI, possessing Oxycontin or possessing Molly in Mercer County, then let the Law Offices of Proetta and Oliver help you. Our Mercer County criminal defense attorneys have been representing client’s accused of various drug offenses in courts throughout the county for almost a decade now. We serve all of Mercer County, including towns like Hamilton, Lawrence, East Windsor, West Windsor, Hightstown, Princeton and Ewing. To speak to one of our attorneys about your options today then please contact us directly at (609)789-0779.

Possession of Drug Paraphernalia Charges in NJ: N.J.S.A. 2C:36-2

The governing statute in New Jersey for possession of drug paraphernalia is N.J.S.A. 2C:36-2. This section of the statute covers both the use and possession with the intent to use drug paraphernalia. In order to be convicted of this offense, the State must prove that the “drug paraphernalia”, which has been defined as “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.

What is Considered Drug Paraphernalia in NJ?

With that being said, just about anything can be attempted to be construed as drug paraphernalia. For instance, a bong, a pipe, a grinder, a scale, a needle, a testing kit could all considered drug paraphernalia. But otherwise lawful items, like baggies, cigars and e-cigarettes could be construed as drug paraphernalia as well. Therefore, it is important that you speak to an experienced Mercer County drug paraphernalia defense lawyer about your options. When an item can also be used for a lawful purpose an experienced defense lawyer can attack the circumstantial evidence that the State would need to introduce in order to obtain a conviction.

Also, often times when the Mercer County Prosecutor’s Office decides to remand heroin, cocaine or prescription drug charges they tend to remand them as drug paraphernalia charges based on the baggie in which it is located in. When that occurs, a Defense attorney can create some significant proof issues for the State.

What are the Penalties for Possession of Drug Paraphernalia in NJ?

Drug paraphernalia is a disorderly persons offense in New Jersey. If convicted of this offense, a Defendant would be facing up to six (6) months in the Mercer County Jail, a fine up to $1,000, fees and assessments around $800, a criminal record and a potential six month license suspension. With that being said, an experienced Hamilton drug paraphernalia possession defense attorney can create a hardship so that the Judge does not impose a license suspension. Furthermore, depending on a Defendant’s criminal history, they may be able to take advantage of the conditional discharge program if there attorney can convince the Judge and prosecution that the Defendant is viable candidate.

Drug Paraphernalia Attorneys in Princeton NJ

If you or someone you know has been accused of possessing drug paraphernalia, possessing marijuana with the intent to distribute, possessing heroin or possessing molly, in Mercer County, the Law Offices of Proetta & Oliver can help. Our team of criminal Mercer County drug charges defense lawyers are ready and willing to help in anyway that we can. We fully understand what a criminal conviction or a license loss can do to your life. We are prepared to vigorously defend these types of charges. We have been appearing in courts throughout Mercer County, including courts like the Hamilton Municipal Court, the Lawrence Municipal Court, the Princeton Municipal Court, the West Windsor Municipal Court and the Robbinsville Municipal Court for almost a decade now. If you would like to speak to one of our attorneys then please contact us directly at (609)789-0779.