DRUG PARAPHERNALIA

DRUG PARAPHERNALIA

2C:36-1. Drug Paraphernalia. The law defines drug paraphernalia extremely broadly to include 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, repacking, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance. Basically this is anything associated whatsoever with drugs. Common examples include:

  • Devices for ingestion: Bongs, bowls, vaporizers, hookahs, papers, syringes, needles, spoons, and balloons.
  • Packaging: Bags, containers, safes, fake cans, and custom cases.
  • Devices for sales: scales and labels.

An item which is normally legal to possess like a lighter or rolling papers becomes illegal paraphernalia when found in the presence of drugs or drug activity.

USE OR POSESSION WITH INTENT TO USE

2C:36-2. Use or Possession with Intent to Use. Use or possession of drug paraphernalia is a disorderly persons offense charged in addition to any other drug related charges.

DISTRIBUTION OF PARAPHERNALIA

2C:36-3. Distribution of Paraphernalia. It is a 4th degree crime to manufacture, distribute, or dispense drug paraphernalia knowing that it will be used for illegal drug activity. This is why any store that sells the kinds of items listed above is very serious that you not refer to their “water pipes” as bongs.

DELIVERING DRUG PARAPHERNALIA TO PERSON UNDER 18

2C:36-5. Delivering Drug Paraphernalia to Person Under 18. Anyone who distributes or sells paraphernalia to a minor is guilty of a 3rd degree crime.

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