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Lawyer for New Jersey Drug Paraphernalia Charge – NJSA 2C:36-2

23
Jul
2011

by in Drug Defense

If you have been charged with possession of drug paraphernalia, I can help. Call now to speak with an a NJ drug charge lawyer. Possession of drug paraphernalia in NJ violates NJSA 2C:36-2. The charge is what is known as a disorderly persons offense. In most other states these are called “misdemeanors.” This charge is punishable by up to 6 months in jail, a $1000 fine, and a 6 month minimum driver’s license suspension.

The statute, NJSA 2C:36-2 reads:

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. Any person who violates this section is guilty of a disorderly persons offense.

For non-US citizens, possession of drug paraphernalia will lead to deportation. In one case, an alien who pleaded guilty under N.J. Stat. Ann. § 2C:36-2 to possessing drug paraphernalia, was properly found removable under 8 U.S.C.S. § 1227(a)(2)(B)(i). A “disorderly persons offense” under New Jersey law qualified as a “conviction” under the Immigration and Nationality Act, and the crime “related to” a controlled substance, as it was closely linked to the offense of possessing drugs. Hussein v. Ag of the United States, 2010 U.S. App. LEXIS 25731 (Dec. 16, 2010).

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