Shrewsbury NJ Possession of Drug Paraphernalia Defense Lawyers
Criminal charges for possession of drug paraphernalia can be issued in conjunction with other drug charges if an individual is found to be in possession of a controlled dangerous substance such as marijuana, cocaine, or prescription drugs, or these charges can be issued without accompanying charges if a person is in possession of an article such as a pipe, bong, bowl, or other item that may be used for ingesting drugs.
In either case, possession of drug paraphernalia is classified as a disorderly persons offense in New Jersey and is adjudicated in the Municipal Court in the locality in which the alleged offense occurred. An individual found guilty of a disorderly persons offense may be sentenced to serve up to 6 months in the county jail and to pay a maximum fine of $1,000. In addition, possession of drug paraphernalia entails a 6-month driver’s license suspension and a charge on the defendant’s criminal record.
Fortunately, a charge for possession of drug paraphernalia does not necessary spell an automatic conviction, particularly for those represented by a knowledgeable defense attorney. For example, individuals who have no prior criminal record may be eligible for enrollment in New Jersey’s Conditional Discharge Program, a diversionary program that eventually results in the dismissal of the charges for those who successfully comply with the program’s conditions during a probationary period.
The attorneys at Chamlin, Uliano & Walsh have extensive experience defending clients facing drug charges like possession of drug paraphernalia and have developed a significant body of knowledge pertaining to diversionary programs such as conditional discharge. They are familiar with the collateral issues associated with these cases and as such, have achieved considerable success representing clients in cases of this kind. Feel free to contact them at 732-440-3950 for a free consultation about your case.
Possession of Drug Paraphernalia in Monmouth County: N.J.S.A. 2C:36-2
An individual can be charged with possession of drug paraphernalia in violation of N.J.S.A. 2C:36-2 if they are found to be in possession of any of the items classified as drug paraphernalia under federal law. Specifically, federal law defines drug paraphernalia under 21 U.S.C. §.863, which states:
The term ”drug paraphernalia” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the human body, such as:
- metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
- water pipes
- carburetion tubes and devices
- smoking and carburetion masks
- roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand
- miniature spoons with level capacities of one-tenth cubic centimeter or less
- chamber pipes
- carburetor pipes
- electric pipes (i.e. “Vaporizer Pen”)
- air-driven pipes
- ice pipes or chillers
- wired cigarette papers; or
- cocaine freebase kits
In coordination with the aforementioned definition, N.J.S.A. 2C:36-2 prohibits the possession of drug paraphernalia, mandating the following:
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.
Contact Ocean Grove NJ Possession of Drug Paraphernalia Lawyers for Help with Your Case
If you or someone you love is facing drug charges such as possession of drug paraphernalia in Monmouth County, New Jersey, contact the offices of Chamlin, Uliano & Walsh at 732-440-3950. One of the firm’s skilled defense lawyers will be happy to evaluate your case, provide answers to your pressing questions, and discuss the alternatives that may be available to you.