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Possession of Marijuana Paraphernalia

Please note: New Jersey voted in favor of legalizing marijuana in the November 2020 election. However, legislation is still developing. If you are facing marijuana charges, it is crucial that you secure an attorney immediately to look after your rights. Call 908-643-6801 or contact us online to discuss your case.

Have you been charged with Possession of Marijuana Paraphernalia in New Jersey? Being arrested for possessing of rolling papers or a pipe won’t put you in jail forever, but resulting charges can be more serious that you would imagine. Even the smallest amount of marijuana residue in your device will result in not only a charge of Possession of Marijuana Paraphernalia, but an additional charge of Possession of Less than 50 Grams of Marijuana. I am Anthony N. Palumbo, New Jersey Marijuana Defense Attorney, former prosecutor and current public defender. I have over 35 years of criminal and municipal court trial experience handling marijuana possession cases.

If you’ve been charged with Possession of Marijuana Paraphernalia in New Jersey, you need an attorney who can aggressively fight for your rights. Contact me today at 908-643-6801 for a free consultation. The law offices of Anthony N. Palumbo defends individuals throughout New Jersey including Somerset County, Ocean County, Union County, Bergen County, Berkeley County, Essex County, Middlesex County, and Monmouth County.

New Jersey Law on Possession of Drug Paraphernalia

The New Jersey statute that governs Possession of Drug Paraphernalia is N.J.S.A. § 2C:36-2 and it states as follows:

  • 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.

Determining Paraphernalia Devices

The statute is very broad so that many different devices can constitute paraphernalia. Sometimes it is not clear whether a device is intended for drug use or for some other purpose. For example, rolling papers are often used for tobacco by tobacco smokers who prefer to roll their own cigarettes, but they can also be used for marijuana. When it is not clear whether a device is intended as paraphernalia, the New Jersey Court examines five factors to determine whether it is:

  1. Statements given by the possessor of the device
  2. Any instructions that may explain how the device is utilized
  3. Whether there are any other uses for the device besides drug intake or storage
  4. Whether there is any residue in the device
  5. Evidence shedding light on the use for the device

Items that may constitute Paraphernalia include:
Rolling paper, bong, bowl, pipe, chillum, one-hitter, scale, plastic baggie, and jar.

Penalties if Convicted

It is important to keep in mind that charges of drug paraphernalia are often coupled with drug charges even when the accused only has the paraphernalia in their possession. This is because if a marijuana pipe is confiscated by the police and it has marijuana residue in it, the possessor will be charged with Possession of Marijuana Paraphernalia and Possession of Less than 50 Grams of Marijuana which is a disorderly persons offense. If an individual is convicted of Possession of Drug Paraphernalia, it is also a disorderly persons offense which carries penalties of:

  • Up to 6 months in prison
  • $1,000 in fines

Visit New Jersey Marijuana Offenses – Other Drug Offenses – About Drug Charges

I will do everything possible under the circumstances to get you into the Pre-trial Intervention Program (PTI). PTI is a program most often available to first time offenders in which charges are eventually dismissed upon completion of a program which involves drug testing for a period of time. Contact a Marijuana Possession Defense Attorney today at 908-643-6801 to see if you qualify for the PTI program.

If you or someone you love has been charged with Possession of Marijuana Paraphernalia or any other charge that involves marijuana, I can help with your case. As a former prosecutor, and current public defender and criminal defense attorney, I know how to fight drug charges. My experiences on every side of the law has made me successful in representing clients throughout New Jersey including Union County, Middlesex County, Monmouth County, Essex County, Somerset County and Ocean County. I offer every client a free initial consultation call 908-643-6801 today.

Anthony N. Palumbo also defends charges of: