An assortment of objects can result in a paraphernalia possession offense including a pipe, bowl, bong, and even rolling paper. While these items may or may not contain marijuana residue, they nevertheless can give rise to a marijuana paraphernalia complaint. If you had the unfortunate experience of being arrested or issued a summons under N.J.S.A. 2C:36-2, the Law Offices of Jonathan F. Marshall is here to assist you. Our defense team has over three decades of experience and we handle possession of marijuana paraphernalia cases statewide including Monmouth County, Union County, Middlesex County, Ocean County or Mercer County. One of our lawyers would be happy to speak to you today at 1-877-450-8301.
New Jersey Paraphernalia Law – N.J.S.A. 2C:36-2
The paraphernalia law is contained at N.J.S.A. 2C:36-2 and makes it unlawful for a person to “use, or possess with the intent to use” any items to grow, process, store or ingest marijuana. Violation of this law is a disorderly persons offense. In order to determine whether an item is “paraphernalia”, the law sets forth several factors: (1) statements of those in actual possession or constructive control of the alleged paraphernalia; (2) existence of any residue in the item; (3) direct or circumstantial evidence concerning use of the object; (4) instructions for use of the item; and (5) the legitimate uses for the item. What is pivotal in considering this question is the “intent” of those in possession (actual or constructive). An accused must possess the intent to use the object as marijuana paraphernalia to be found guilty under this law.
The aforesaid is only a thumbnail of the issues surrounding not only marijuana paraphernalia but hash and hashish as well. If you have been charged or arrested for possession of paraphernalia, our defense firm is available to defend you. An attorney is available now to discuss your charge in Monmouth County, Middlesex County, Union County, Mercer County, Ocean County or elsewhere in New Jersey. A lawyer from our firm would be more than happy to give you their time and answer your questions.