Although the possession of drug paraphernalia is considered a minor crime in New Jersey, you should take these charges seriously. A conviction for possession of drug paraphernalia can have damaging repercussions, appearing on background checks for employment, rental housing, loans, and other opportunities. Under state law, individuals are prohibited from possessing drug paraphernalia with the intent to use it for illegal purposes. It’s important to understand these laws regarding drug paraphernalia to avoid the consequences of a conviction. Please continue reading to learn what is considered drug paraphernalia in New Jersey and how a dedicated Bergen County Drug Possession Defense Attorney can help you avoid the harsh penalties a conviction carries.
What is Considered Drug Paraphernalia in New Jersey?
Firstly, charges of possession of drug paraphernalia are typically filed in combination with other drug crimes, such as manufacturing and distribution charges. The prosecution may attempt to “stack” offenses to expose to as much criminal liability as possible. As such, it’s crucial to retain the legal services of an experienced attorney who can help formulate a robust defense strategy.
Several devices and materials are considered drug paraphernalia and warrant a possession charge in New Jersey. The state defines drug paraphernalia as, “equipment, products, and materials of any kind used or intended for use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body as a controlled substance or introduce into the human body of a controlled substance analog.” The following include but are not limited to some common illegal drug paraphernalia:
- Water pipes and bongs
- Smoking and carburetion masks
- Rolling papers and roach clips
- Miniature cocaine spoons, straws, and cocaine vials
- Hypodermic syringes
- Cartridges or canisters or nitrous oxide
- Packing materials such as baggies, envelopes, or balloons
- Planting and testing kits
- Scales
In New Jersey, the possession of drug paraphernalia is considered a disorderly person’s offense (comparable to a misdemeanor in other states), which is punishable by a fine of up to $1,000 and up to six months in jail. Nevertheless, if this is your first conviction, the court will likely not impose a jail sentence. However, they can impose a driver’s license suspension for up to two years, various surcharges, and community service. It’s important to note that in 2021, the recreational use and possession of marijuana became legal in the state. Therefore, the drug paraphernalia laws do not apply to marijuana, as long as the individual is complying with possession laws.
At The Law Office of Carl Spector, we are prepared to defend your rights and discuss your legal options. Connect with our legal team today to learn how we can fight for you.
