A discussion about what a drug paraphernalia in New Jersey, and the penalties and consequences.
What is drug paraphernalia? In New Jersey, are charged with drug possession under 2C paraphernalia: 36-2, it means that you with the intent to use in your possession a variety of products, as laid down in general and in detail by 2C: 36 -1 to plant spread, to cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze Pack, packing, storing includes, embezzlement, ingestion, inhalation, or in any other way so that in the human body, the introduction of a controlled dangerous substance or controlled substance analog a toxic chemical. This includes some ground and seems a lot of elements that have a perfectly legal way, like ... contain plastic bags. So how can you determine which elements of the prosecution of drug paraphernalia, no legal question?
Let's face it (no pun intended), what are we talking about? We talk about bongs, pipes, grinders, Ziploc bags, aqueducts, roads, scales, needles, straws, spoons, bowls, mixer, thinner, distortions, screens, caps, balloons, envelopes, containers, displays, etc. Thus, an interesting question , to think; as are the "head shops" as a miracle on Route 18 in East Brunswick, authorized to determine the types of items that are not only described, and forbidden by law to sell, but it could definitely be in the capacity of these prohibited functions work by the law? In other words, it seems certain that sell drug paraphernalia, as is entitled to sell drug paraphernalia?
The answer is not so complicated. While all the above elements can be used for illegal purposes, they can also be used for lawful purposes. So; intend to buy this item with, sold and used is the determining factor. In stores like miracle by. Of drugs, it is strictly prohibited by the shop owner If a customer had something like: "to say Hey buddy This bong rocks I'm going totally to smoke the weed, as lost and crazy!" Probably would by the owner, which is the goal of the aqueduct (for Bong Slang for smoking a pipe of marijuana to be kept informed, and could imply intent) is not determined on Kiffen, and it is likely to ask the boss to leave the Stoners in stock.
The owner does not want products of this model, which has just announced that he intended to show them as utensils and verbal correction use by the owner that sell in the eyes of the door, the behavior of the water in question was not in fact used drug paraphernalia are to smoke. Although it may seem to look ridiculous for a sewage pipe or pot and say that these are not used attached to smoking marijuana, or a small jar with a spoon with a small chain on the cover are not used to store and blowing a drug that comes in powder form, the reality is that in the absence of direct evidence that police and prosecutors do not speculate to use. It is not enough for a conviction. He does not even enough for probable cause. Perhaps you think this is absurd. Try this place. Small Ziploc bags in a square inch are often used to sell small amounts of marijuana, cocaine or skirt. I also bought a t-shirt in the past week he had a plastic bag is 1 inch on the envelope that contains extra buttons attached. Who can say why I with a plastic bag 1 square inch in my possession? Intent to be checked, and speculation do not! But a prosecutor or the police may choose to tell your story, if it is based on speculation, I can tell you better. Show me the evidence!
How does a prosecutor never prove that an element, in fact, the trimmings? The answer is; very easy. The vast majority of times utensils charging cable, the police found the goods in question is empty, either with the currently used for drug medication for drugs in the past and what has used a radical, or it's Nearby drugs. A tube pan that has been used to smoke marijuana, a residue in its interior, which can be chemically tested by the laboratory of the State Police for the presence of THC have. Ziplock bag could have a white powder residue within, or maybe even an amount of white powder in it. If the residue or white powder positive tests for the presence of a controlled substance, to be considered ZIP utensils. If a drug dealer was arrested and a search for car or home produced a shoebox with many drugs, scales, and many empty Ziploc bags, filled out and the zippers are considered utensils. So go through the drug dealers used the cutting product diluted.
Fortunately, the possession of drug paraphernalia is a felony, and is classified as a crime of disturbing the peace, with a maximum statutory penalty of $ 1,000 and six months in prison. This means that prosecutors and police are not wasting time with defender collided on possible utensils products or items that could be theoretically paraphernalia. When the charge was, it is almost always brought a load of drugs accompanied by a kind, and there is little to guess what the objects confiscated actually used.
About the Author: John B. Fabriele, III, Esq.
John B. Fabriele, III, Esq. It has more than 15 years of experience in the exclusive criminal defense and is the owner / director of his firm. He can answer any questions and look forward to meet us on your legal requirements.
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