Whether the drug paraphernalia was a pipe or something more serious like a syringe, a N.J.S.A. 2C:36-2 violation can have serious ramifications. If this isn’t your first conviction, you could even go to jail. And anyone convicted for possession or use of drug paraphernalia, even a first offender, is subject to significant financial consequences as well as a six (6) month driver’s license suspension. Our attorneys can help you avoid outcomes like these. With decades serving Red Bank Municipal Court, we are aware of what is necessary to get desired results. Reach a former prosecutor on our defense team by call our Red Bank Firm for a free consultation.
Drug Paraphernalia Charge in Red Bank NJ
The law that applies to a Red Bank drug paraphernalia charge is N.J.S.A. 2C:36-2. This law provides that:
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 or controlled substance analog in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.
N.J.S.A. 2C:36-1 outlines those items that are considered “drug paraphernalia”, as well as factors to be considered in determining whether an object is being used for this purpose. The following are noted as potential drug paraphernalia:
- 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 cocaine spoons, and cocaine vials;
- Chamber pipes;
- Carburetor pipes;
- Electric pipes;
- Air-driven pipes;
- Chillums;
- Bongs; and
- Ice pipes or chillers.
You will notice that syringe or needle is not included in this list. The reason is because New Jersey has adopted a specific statute, N.J.S.A. 2C:36-6, to address possession or use of a hypodermic needle or syringe. That law states that it is a disorderly persons offense to “have under his control or possess with intent to use a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in chapter 35 of Title 2C.”
Red Bank Drug Paraphernalia Attorneys
A disorderly persons offense for possessing drug paraphernalia is something to be take seriously. You must lose your license and live with the financial consequences of a 2C:36-2 conviction if you lose your case. You probably can dodge such a result by retaining our law firm. Our former prosecutors will do what it takes to obtain a dismissal, downgrade or admission into the conditional discharge program. Give us a call now for immediate assistance.
