Lodi NJ Drug Paraphernalia Attorneys

Almost every marijuanaheroin or cocaine possession offense is accompanied by a drug paraphernalia charge.  The most common drug paraphernalia is a bong, rolling papers, glass pipes, hypodermic needles and scales. The governing statue in New Jersey for drug paraphernalia is N.J.S.A. 2C:36.  This charge is considered a disorderly persons offense (misdemeanor).  If convicted a defendant may face up to six months in the Bergen County Jail and up to a $1000.00 fine.   The Law Offices of Jonathan F. Marshall has been defending individuals charged with a violation of N.J.S.A. 2C:36 throughout Bergen County including towns like Ramsey, Lodi, Fort Lee, Palisades Interstate Park, Paramus, Fort Lee, Saddle Brook and Oakland for over fifteen years. If you or a loved one has been charged with the unlawful possession of drug paraphernalia we can help.  Here is some important information with regards drug paraphernalia.

Palisades Interstate Park NJ Drug Paraphernalia Possession Lawyers

Elements of the Offense: N.J.S.A. 2C:36

The prosecution will need to prove that the defendant either used the drug paraphernalia or possessed it with an intent to use it for the following purposes:

        • 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 body a controlled dangerous substance or its analog.

The three essential elements are:

        • The item in question is drug paraphernalia;
        • The defendant used or possessed the drug paraphernalia with the intent of using it for any of the above referenced reasons; &
        • The use of any controlled dangerous substance or its analog or the intended use violated a provision of the Code of Criminal Justice directed at controlled dangerous substances.
It is not unlawful to possess for example rolling papers, glass pipes or bongs so long as you are not possessing them for any of the above referenced reasons. To help protect the innocent owners, the legislatures have added in the necessary culpability of  knowledge or criminal intent on the part of the person in control of an object.

Applicable Fines & Penalties:

As stated earlier, the charge of unlawful possession of drug paraphernalia is a disorderly persons offense.  If convicted a defendant may face up to six (6) months in the Bergen County Jail, up to a $1000.00 fine and a potential two (2) year loss of your drivers license. Depending on your criminal history you may be eligible for a diversionary program known as a conditional discharge. If eligible, you will have the opportunity to walk away from these charges without a conviction. A conviction for this offense will remain on your record for a minimal of five years and this may obviously hinder your ability to obtain employment.

Paramus NJ Marijuana Distribution Lawyers

The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty years of combined prosecuting experience.  If you or a loved one has been charged with the unlawful possession of drug paraphernalia in towns like Mahwah, Little Ferry, Paramus or Cliffside Park it is imperative that you speak to a qualified criminal defense attorney immediately. If you have any further questions please contact any one of our Bergen County Offices for free initial consultation about your pending charges.