Princeton Marijuana Paraphernalia Possession Defense Lawyers
Marijuana Laws in New Jersey
In New Jersey, marijuana paraphernalia laws can be a bit confusing. For example, even if someone does not have marijuana or hashish on their person, the individual can be charged with possession if a law enforcement official finds marijuana paraphernalia with residue from smoking one of these illegal substances. For a more detailed explanation of the state's marijuana paraphernalia laws, you should contact the experienced Princeton marijuana possession attorneys at Lependorf & Silverstein. However, New Jersey paraphernalia law N.J.S.A. 2C:36-2 reads as follows:
§ 2C:36-2. Use or possession with intent to use, disorderly persons offense
"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."
In order for the prosecution to verify that something can be categorized as "paraphernalia," they must determine the following:
- Statements of those in actual possession or constructive control of the alleged paraphernalia
- Existence of any residue in the item
- Direct or circumstantial evidence concerning use of the object
- Instructions for use of the item
- The legitimate uses for the item
What someone outside the legal profession may not be able to discern from this law is that the prosecution must prove the "intent" of the person possessing the paraphernalia. They have to present evidence that the accused intended to use it to consume an illegal substance.
At Lependorf & Silverstein, we use our skills, experience and resources to help people wrongfully accused of paraphernalia offenses and other marijuana charges in New Jersey. We have a proven record of success in these matters and believe very strongly in giving each client and case the individual attention they deserve. If you have been charged with marijuana paraphernalia possession and have questions about the law, your rights, and legal options, contact us today for effective legal representation.