If you have been charged with possession of drug possession in South Brunswick it is likely that you are also facing a marijuana possession or other controlled dangerous substance (“CDS”) offense. The term “drug paraphernalia” includes basically anything that is capable of being used with drugs. Common examples of drug paraphernalia are pipes, bongs, baggies, scales, syringes, rolling papers and grinders. While a charge for possession of 50 grams or less of marijuana is a disorderly persons offense that will be handled in South Brunswick Municipal Court, the consequences of a conviction can be quite damaging with penalties that include hefty fines and even county jail time. As previously mentioned, this offense is often charged in conjunction with other crimes such as drug possession, which could bring about additional penalties. It is therefore in your best interest to retain a skilled attorney who has experience fighting CDS charges in South Brunswick. Here at the Law Offices of Jonathan F. Marshall, our attorneys have over 100 years of combined experience defending drug paraphernalia charges arising in South Brunswick and in other municipalities in Middlesex County. To speak directly to a lawyer free of charge, contact our East Brunswick Office at 732-201-6509.
Drug Paraphernalia Possession in South Brunswick New Jersey
The Code of Criminal Justice criminalizes possession of drug paraphernalia under N.J.S.A. 2:C:36-2. In this regard, N.J.S.A. 2C:36-1 defines “drug paraphernalia” as:
all equipment, products, and materials of any kind that are used, or intended for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance or its analog.
Elements of Drug Paraphernalia. For the court to convict you of drug paraphernalia they must prove three elements. First, state must prove that the item in question is in fact, drug paraphernalia. Second, the state must prove that the defendant intended to use the item in conjunction with controlled dangerous substances. Third, it must be proved that the defendant intended to use the item in violation of the controlled dangerous substance laws.
Penalties for Possession of Drug Paraphernalia. Possession of drug paraphernalia is classified as a disorderly persons offense under 2C:36-2. A criminal charge of this grade is considered a misdemeanor that falls under municipal court jurisdiction. Nonetheless, a conviction in South Brunswick for drug paraphernalia possession carries penalties that include a fine of up to $1,000 and a period of incarceration at the Mercer County Jail for up to 6 months. In addition, a drug paraphernalia conviction comes with a mandatory loss of driver’s license from 6 months to 2 years.
Drug Paraphernalia Attorney in South Brunswick
Do not assume that just because you were charged with violating 2C:36-2 in South Brunswick that you will be found guilty. There are many ways that our lawyers can help you avoid a conviction and not only as the result of a conditional discharge. For example, the search of your person, car or residence may have been improper. Many of the items listed as drug paraphernalia have perfectly legal purposes. The attorneys at the Law Offices of Jonathan F. Marshall have extensive knowledge of the drug laws in New Jersey and will fight for the best outcome available. To speak to an attorney about your drug paraphernalia charge anytime 24/7, call us at 732-227-1200. A lawyer is prepared to provide a free consultation immediately.
