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Drug Paraphernalia In New Jersey
Defending New Jersey Residents of Drug Paraphernalia Charges
In the state of New Jersey, the possession of drug paraphernalia is a disorderly person’s offense and must be taken seriously as it can have long-lasting repercussions. Once convicted of this drug crime, a person can be imprisoned for up to six months, and the driving license of such a person can be suspended for up to two years.
Prosecution Requirements
The prosecution must be initiated within one year of the offense being committed. The intention becomes essential to secure a trial under drug paraphernalia laws. If there is no intention to use drug paraphernalia for a purpose as mentioned in the law, then there will be no conviction.
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 paraphernalia 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 search.
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 |
Drug Paraphernalia Laws in New Jersey
The New Jersey drug paraphernalia laws make it illegal for anyone to use or possess drug paraphernalia with the intent to use it. Drug paraphernalia as defined in the New Jersey law, includes every piece of equipment or object that can be used or is intended to be used for 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 any drug or toxic or controlled substance. While drug paraphernalia crimes are still very strictly enforced, certain drug crime defenses can work in favor of the accused.
Is possession of drug paraphernalia a felony?
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 the 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. The charges are dismissed if the defendant doesn’t get into further trouble, is a first-time offender, and passes all random drug tests.
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 paraphernalia attorneys will assist you with the expungement process.
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For an initial consultation, contact the experienced New Jersey criminal defense lawyers of Aiello, Harris, Abate Law Group PC.
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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