Possession of Drug Paraphernalia

Voorhees Drug Paraphernalia Lawyer

One of the more common drug-related offenses that arise in Voorhees Township and other municipalities in Camden County is possession of drug paraphernalia. The violation is a disorderly persons offense under N.J.S.A. 2C:36-2 of the New Jersey Criminal Code which carries penalties that are probably much more severe than you anticipate. The fact is that the charge is virtually identical in terms of consequences to a drug possession charge like possession of 50 grams or less of marijuana. This is a good reason for you to disregard any thoughts of handling this offense without the assistance of a skilled criminal attorney. If you have been charged with possessing drug paraphernalia in Pennsauken, Cherry Hill, Voorhees, Haddonfield, Merchantville or another town, you should strongly consider calling the attorneys at The Law Offices of Jonathan F. Marshall. We are one of the largest defense firms in the state with a team that includes several former prosecutors possesses over a century of experience. An attorney is available immediately to assist you by calling our Cherry Hill Office at 856-662-8300.

Charged With Possession of Drug Paraphernalia In Cherry Hill NJ

An individual may be convicted of a drug paraphernalia offense if they possess or use drug paraphernalia with the intention of using it for prohibited purposes. The key point to keep in mind is that someone cannot violate 2C:36-2 unless they have knowledge of the existence of the object and intend to utilize it in conjunction with marijuana, cocaine, heroin or another form of controlled dangerous substance (“CDS”). In order to prove a drug paraphernalia charge, the prosecutor must establish that: (1) the item was drug paraphernalia; (2) the accused was using it in conjunction with CDS (e.g. to smoke or ingest drugs) or possessed it with an intended use it in a prohibited manner; and (3) the CDS involved is illegal.

Definition of Drug Paraphernalia. “Drug paraphernalia” is any item that is capable of being used to produce, ingest, measure, prepare or otherwise introduce into the human body a controlled dangerous substance. N.J.S.A. 2C:36-1 lists the more common forms of drug paraphernalia and includes pipes, water pipes, spoons, vials, electric pipes, air-driven pipes, and bongs. When a case involves an item which has multiple purposes, including non-drug related applications, the court must consider several factors in determining whether the object is drug paraphernalia including:

  1. Statements made by the owner or anyone in control of the object concerning its use;
  2. The proximity of the object to illegal CDS;
  3. Presence of residue or other evidence of use as drug paraphernalia;
  4. Instructions or other materials that depict the usage of the item;
  5. Legitimate uses for the object; and
  6. Direct or circumstantial evidence that corroborates the intent of the accused with respect to the item in question.

Intent or Knowledge of Possessor. Unless there is a legitimate issue in terms of search and seizure, the primary defense in a drug paraphernalia case is lack of knowledge or intent. That is to say, the accused lacked awareness that the paraphernalia was present (e.g. passenger in a car had it on their person, in an apartment or house without the knowledge of the accused) or had no intent to use it to ingest drugs/CDS. The six factors previously set forth are to be considered by the court in determining whether the defendant possessed the required knowledge/intent.

Possession of a Hypodermic Needle or Syringe

It is a disorderly person offense for someone to possess or control a hypodermic syringe or needle. In order to convict a defendant of illegal possession of a needle/syringe under N.J.S.A. 2C:36-6, the prosecutor must prove that: (1) the accused possessed or controlled a needle or syringe, and (2) with the intention of using the item in conjunction with controlled dangerous substances.

Haddonfield NJ Drug Paraphernalia Attorney

Haddonfield has quite a number of individuals charged with drug paraphernalia possession each year. It’s not an offense that is isolated to less affluent municipalities like Camden, Lindenwold, Lawnside, Gloucester Township and Winslow. This is a common charge that arises throughout the county and is something that our eight criminal lawyers handle hundreds of times each year. If you, your child or a loved one is facing a possession of drug paraphernalia offense, an attorney at The Law Offices of Jonathan F. Marshall has the qualifications you need. Whether its a one hit the pipe (e.g. “bat” or one-hitter), grinder, rolling papers or any other items which resulted in your arrest, we know what it will take to avoid a conviction. Call us at 856-662-8300 for a free consultation.