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NJSA 2C:36-2. Use or Possession with Intent to Use Drug Paraphernalia

08
May
2010

by in Drug Defense

NJSA 2C:36-2. Use or possession with intent to use, disorderly persons offense.

It is illegal in New Jersey to possess basically anything that can be used to inhale, inject, or otherwise ingest an illegal drug.

The applicable statute 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.”

A disorderly persons offense is punishable by up to 6 months in jail and a $1,000 fine. Unfortunately, while a conditional discharge is available for some first time offenders who are caught with under 50 grams of marijuana, it is not available if you are caught only with paraphernalia.

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