Most drug possession crimes are 3rd or 4th degree indictable offenses (felonies). Misdemeanors are heard in municipal court instead of the New Jersey Superior Court.
Possession of drug paraphernalia is a disorderly persons offense and not an indictable offense.
The possible penalties for a disorderly offense include:
- Jail sentences of up to six months.
- Fines up to $1,000 plus additional fines for the Safe Neighborhood Services Fund, the Victims of Crime Compensation Board, lab analysis, and Drug Enforcement.
- Suspension of the person’s license for at least six months and possibly up to two years.
Defendants who hold a public office may forfeit their right to hold that office if convicted of drug paraphernalia possession.
Drug paraphernalia defendants may be eligible for a conditional discharge, which means the charges are put on hold for at least a year. If the defendant doesn’t get into further trouble, is a first-time offender, and passes all random drug tests, the charges are dismissed.
Anyone convicted of drug paraphernalia possession who stays out of trouble for five years is eligible to have their record expunged. Expungement is not automatic. Our New jersey drug possession attorneys assist with the expungement process for you.
What is drug paraphernalia?
New Jersey prohibits anything that helps make it easier to manufacture, possess, use, or consume illegal drugs. Examples include bongs, roach clips, different types of pipes, miniature spoons, rolling papers, and small bags.
Drug paraphernalia law includes doing any of the following actions concerning a controlled substance:
| Analyze | Compound | Contain | Conceal | Convert |
| Cultivate | Grow | Harvest | Ingest | Inhale |
| Manufacture | Pack | Plant | Process | Produce |
| Propagate | Repack | Store | Test |
The time limit to bring a drug paraphernalia possession charge is one year. The prosecution must prove intent to possess and intent to use the drug paraphernalia for a prohibited purpose. Our New Jersey drug crime lawyers assert many of the same defenses we do in drug possession cases, such as that the police did not have probable cause or a reasonable suspicion to conduct a search.
Drug Offense Resources
- Types of common drug charges
- Common misconceptions regarding drug charges
- Is possession of drug paraphernalia a felony?
- Possession vs. intent
- Controlled substances
- Search and seizure
- Initial arraignment
- Federal jurisdiction and immigration related to drug charges
- Notable cases
- Our NJ drug crime attorneys
Drug-Related DUI (DUID)
- Common misconceptions about drug-related DUI charges in New Jersey
- Common scenarios resulting in drug-related DUI charges
- The rights of an individual regarding illegal search and seizure
- Potential penalties resulting from drug-related DUI charges in New Jersey
- Challenging aspects of defending drug-related DUI from an attorney’s perspective
- Metabolites are defined as molecules from a scheduled controlled drug
- The qualities to look for when looking to hire an attorney to defend drug-related DUI charges
- Our NJ DUID attorneys
Contact Our New Jersey Criminal Lawyers
Contact our New Jersey criminal lawyers today at (908) 561-5577 or submit a request through our contact form. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.