Courts We Serve
- 21 April, 2018
- 15 April, 2018
- 3 April, 2018
Distribution of Drug Paraphernalia
Edison NJ Distribution of Drug Paraphernalia Defense Attorneys
Although individuals are charged with possession of drug paraphernalia at a high rate in Middlesex County, the same cannot be said in terms of offenses for distributing these materials. Distribution of drug paraphernalia is a relatively low volume violation although it carries serious penalties for those convicted in accordance with N.J.S.A. 2C:35-3. If you have been charged with drug paraphernalia distribution in Middlesex, South Amboy, Edison, Woodbridge or East Brunswick, your case is going to be sent to the Middlesex County Prosecutor’s Office for review. The reason this will occur is because there is no municipal court jurisdiction to decide a fourth degree crime for distributing drug paraphernalia. You should also know that if your lawyer is unsuccessful in averting a conviction you will have a felony criminal record, face thousands in dollars in fines and can even be sent to state prison for 18 months. The attorneys at The Law Offices of Jonathan F. Marshall can help you escape an unfavorable outcome such as this utilizing over a century of criminal experience, including years serving as prosecutors in and outside of Middlesex County. To discuss the facts of your drug paraphernalia case with an attorney on our staff, call our New Brunswick Office anytime 24/7 at 732-246-7126.
Charged With Selling Drug Paraphernalia in Middlesex County
Pursuant to N.J.S.A. 2C:36-3, it is a fourth degree crime to distribute, dispense, or possess with the intent to distribute drug paraphernalia when it is known the paraphernalia will be used to manufacture or consume a controlled dangerous substance. In order for the prosecutor to prove a case under N.J.S.A. 2C:36-3, he must prove, beyond reasonable doubt, that the accused:
- distributed, dispensed, or possessed with the intent to distribute, or manufactured with the intent to distribute;
- a drug paraphernalia device; and
- defendant knew the device would be used to manufacture, produce, prepare, pack, or consume a controlled dangerous substance.
Fourth degree distribution of drug paraphernalia results when the prosecutor establishes each of these elements.
What Qualifies as Drug Paraphernalia Under N.J.S.A. 2C:36-3?
While the list of items that qualify as drug paraphernalia set forth under New Jersey law is not intended to be fully exhaustive, it nevertheless covers that which will be involved in most 2C:36-3 cases. The law provides that the following items are drug paraphernalia:
any equipment, items, products, or materials of any kind that are used, or intended to be used, in planting, propagating, cultivating, growin, harvesting, manufacturing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance, analog, or toxic chemical in violation of the New Jersey criminal drug statutes. Included in this definition are: planting kits for plants that qualify as a CDS, kits used to create substance analogs, testing equipment used for identifying the strength and efficacy of CDS’s, scales and balances used to measure CDSs, dilutants or adulterants used to augment CDS quantities, blenders used to compound CDSs and adulterants, capsules balloons and envelopes used to package small quantities of CDS, containers used to store or hide quantities of CDS, and objects used for ingesting, inhaling or introducing marijuana, cocaine, hash, nitrous oxide, or other toxic chemicals into the human body. The latter category, objects used to introduce substances into the body, include assorted pipes, water pipes, tubes with carbs, smoking masks, roach clips, cocaine vials or spoons, and vaporization devices.
The standard for determining whether an item constitutes “drug paraphernalia” requires consideration of several factors. These factors include: (1) statements by the owner, (2) proximity to illegal substances, (3) existence of drug residue, (4) instructions provided with the product, (5) materials accompanying the item depicting illicit uses of the product, (6) any national understanding that the item is commonly used for illicit purposes, and (7) any potentially legitimate uses of the object.
Knowledge of the Intended Use of the Item. The third requirement, namely, knowledge that the drug paraphernalia would be utilized in an illegal manner, is satisfied when a defendant has actual knowledge of the intent of the purchaser or where there is constructive knowledge of the intended use. Constructive knowledge exists when there is a high probability that the person intends to use it in a certain manner based on the surrounding circumstances.
Penalties For Distributing or Selling Drug Paraphernalia
If you are found guilty of possession with intent to distribution drug paraphernalia, you will have a fourth degree felony criminal record. You will also be sentenced to penalties that can include jail, probation, community service and significant fines. More specifically, you are exposed to up to eighteen (18) months in jail (state prison), a fine that can be as high as $10,000, a period of community service, and/or a period of probation.
New Brunswick Drug Paraphernalia Distribution Lawyer
All drug paraphernalia distribution charges are heard in New Brunswick since that is where the Superior Court, which has jurisdiction to decide a fourth degree crime, is located. We have many years of experience handling cases in this courthouse and even employ Jason Seidman, Esq., a former supervisor in the county prosecutor’s office. To speak to Jason or another lawyer on our staff about the accusation that you distributed drug paraphernalia, contact our office which is located just across the street from the court. Attorneys can be reached for free initial consultations 24/7 by calling 732-246-7126.