Possession of Drug Paraphernalia 2C:36-2
N.J.S.A. 2C:36-2 governs charges for possession of drug paraphernalia in New Jersey and provides in pertinent part:
- 2C:36-2. Use or possession with intent to use, disorderly persons offense
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.
Possession of Drug Paraphernalia Charges Explained
Being charged with possession of drug paraphernalia is classified as a disorderly persons offense. The penalties for this offense can range from six months to two years loss of license with no opportunity for a hardship license. If there are additional charges such as simple possession or possession with intent to distribute, then the individual is facing more serious penalties including prison time.
When being charged with possession of drug paraphernalia, the person may be eligible for Conditional Discharge. If this is a possibility, the person will then be placed on probation for one year, and if completed successfully, the charge will be dismissed.