What is Drug Paraphernalia?
Drug Paraphernalia is any equipment or material used for producing, manufacturing, preparing, packaging, storing, or ingesting any drug or controlled dangerous substance, including but not limited to marijuana, cocaine, heroin, ecstasy, LSD, or methamphetamine.
The following are some, but not all, examples of what can be considered drug paraphernalia:
- Any lab equipment that could be used to manufacture drugs.
- Any scales or balances that could be used to weigh or measure drugs.
- Any capsules, envelopes, balloons, or bags that could be used for packaging and distributing drugs.
- Any pipes, bongs, tubes, spoons, or needles that could be used to ingest drugs.
When determining if an object qualifies as drug paraphernalia, the court considers several factors including:
- Anything the owner or possessor of the object says about its use, or any written instructions regarding its use.
- If any drugs or drug residue were found on or near the object.
- Whether or not the owner or possessor of the object knowingly intended to give the object to someone they knew would use it as drug paraphernalia.
- Any advertising for the object that implies its use as drug paraphernalia.
- Any reasonable legitimate uses the owner or possessor could have for the object.
- Any expert testimony as to the object’s use.
It is important to note that an object can still be considered drug paraphernalia if the owner or possessor was not witnessed using it as such.
What are the Penalties for Possession of Drug Paraphernalia in New Jersey?
Possession of drug paraphernalia without any other drug charges is considered a disorderly persons offense, New Jersey’s version of a misdemeanor, or about the equivalent of possession of less than 50 grams of marijuana. Penalties include:
- A fine of up to $1000, plus additional fees.
- The possibility of up to six months in county jail.
- Driver’s license suspension for at least six months and up to two years.
The statute of limitations for this charge is one year, meaning the charges must be brought against you less than one year after the offense was committed. Someone who has not had a previous drug conviction may be eligible for a Conditional Discharge, which will dismiss this original complaint if the individual can stay arrest free for an established period.
Contact Us Today
If you are arrested for possession of drug paraphernalia, seeking experienced legal counsel is an important first step. Contact Schneider Freiberger today to discuss your options when facing a drug paraphernalia charge.