Possession of Drug Paraphernalia (pipes, bongs, spoons, rolling papers, glycine bags, etc)
2C:36-1.  The Law and Charge of Drug Paraphernalia Defined: Drug paraphernalia equipment and uses, defined; determination used to define.

As used in this act, "drug paraphernalia" means all equipment, products and materials of any kind which 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, controlled substance analog or toxic
chemical in violation of the provisions of chapter 35 of this title.  It shall include, but not be limited to:  a. kits used or intended for use in planting, propagating,
cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
b. kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled dangerous substances or controlled
substance analogs; c. isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance; d.
testing equipment used or intended for use identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances or controlled
substance analogs; e. scales and balances used or intended for use in weighing or measuring controlled dangerous substances or controlled substance analogs; f.
dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous
substances or controlled substance analogs; g. separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or
refining, marihuana; h. blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances or
controlled substance analogs; i. capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous
substances or controlled substance analogs; j. containers and other objects used or intended for use in storing or concealing controlled dangerous substances,
controlled substance analogs or toxic chemicals; k. objects used or intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish,
hashish oil, nitrous oxide or the fumes of a toxic chemical  into the human body, such as (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or
without screens, permanent screens, hashish heads, or punctured metal bowls; (2) water pipes; (3) carburetion tubes and devices; (4) smoking and carburetion
masks; (5) roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(6) miniature cocaine spoons, and cocaine vials; (7) chamber pipes; (8) carburetor pipes; (9) electric pipes; (10) air-driven pipes; (11) chillums; (12) bongs; (13) ice
pipes or chillers; (14) compressed gas containers, such as tanks, cartridges or canisters, that contain food grade or pharmaceutical grade nitrous oxide as a principal
ingredient; (15) chargers or charging bottles, meaning metal, ceramic or plastic devices that contain an interior pin that may be used to expel compressed gas from a
cartridge or canister; and (16) tubes, balloons, bags, fabrics, bottles or other containers used to concentrate or hold in suspension a toxic chemical or the fumes of a
toxic chemical.

In determining whether or not an object is drug paraphernalia, the trier of fact, in addition to or as part of the proofs, may consider the following factors:  a. statements
by an owner or by anyone in control of the object concerning its use; b. the proximity of the object of illegally possessed controlled dangerous substances, controlled
substance analogs or toxic chemicals; c. the existence of any residue of illegally possessed controlled dangerous substances, controlled substance analogs or toxic
chemicals on the object; d. direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows
intend to use the object to facilitate a violation of this act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not
prevent a finding that the object is intended for use as drug paraphernalia; e. instructions, oral or written, provided with the object concerning its use; f. descriptive
materials accompanying the object which explain or depict its use; g. national or local advertising whose purpose the person knows or should know is to promote the
sale of objects intended for use as drug paraphernalia; h. the manner in which the object is displayed for sale; i. the existence and scope of legitimate uses for the
object in the community; and j. expert testimony concerning its use as paraphernalia.


2C:36-2. Use or possession with intent to use, disorderly persons offense up to 180 days in jail.

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.


2C:36-3. Distribute, dispense or  possess with intent to distribute or manufacture, crime of fourth degree up to 18 Months in Jail.

It shall be unlawful for any person to distribute or dispense, or possess with intent to distribute or dispense, or manufacture with intent to distribute or dispense, drug
paraphernalia, knowing that it will be used 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 commits a crime of the fourth degree.
You Deserve the Best Defense Call Now for a Free In Office Consultation
Possession of Drug Paraphernalia either 2C:36-1 or 2C:36-2 is a serious charge and can subject you to up to 180 days in jail
even for simply possessing a pipe or rapping paper. A conviction for paraphernalia can keep you from getting that job you.  
Don't let this happen to you call our office today set up an appointment to find out how we can help you beat this charge!
H. Scott Aalsberg, Esq., P.C.
"When You Need The Best Drug Charge Defense"
Main Office: 39 Milltown Road, East Brunswick, N.J. 08816
1028 Route #23 North, Wayne, N.J. 07470
1-800-9-RIGHTS or (732) 257-5040
* Disclaimer: All Penalties listed above are the ordinary terms for New Jersey Paraphernalia Charges.  Additional penalties for repeat criminal offenders may apply.  Please see
attorney for details for applicability to your particular offense.  This website is provided for informational purposes and is not intended to give legal advise.  
As a full service NJ Criminal Lawyer law firm we handle all criminal, drug and motor vehicle charges anywhere in the State of New Jersey,  Let the experienced New Jersey Criminal lawyers at the law office of H.
Scott Aalsberg, Esq. P.C. get you the not guilty verdict you need, to win your charge. Over 22 Years of Experience and
10,000 cases either won, reduced or downgraded by our firm Since 1992.  This page is provided
for general use and is not to be relied on for law or commentary.  Please see New Jersey Drug Lawyer H. Scott Aalsberg for details on what is paraphernalia and the penalties associated with said charge.
Attorney H. Scott Aalsberg, Esq., P.C.
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Defenses to a NJ Drug
Paraphernalia Charge:
Several Defenses exist to a NJ
Paraphernalia charge including but not
limited to lack of intent, lack of
possession (was the paraphernalia
owned by someone else),   Improper
Stop and Frisk, Improper Seizure, and
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FACING A CHARGE OF
POSSESSION OF
PARAPHERNALIA?
FACING A CHARGE OF
POSSESSION OF
DRUG? OR PILLS?
Whether you face
posession of drug
paraphernalia, or
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illegal drug you face have a
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