Possession of Drug Paraphernalia

Understanding A Paraphernalia Charge in Middletown

The first thing you want to know is what is included in the definition of “drug paraphernalia”. In this regard, New Jersey Law considers drug paraphernalia to be any item that is capable of being used to ingest, manufacture, refine, process, weigh, or package a controlled dangerous order, or to introduce it into the body. N.J.S.A. 2C:36-2 sets forth thirteen examples of items that fall within this definition, including pipes, water pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips, miniature cocaine spoons and vials, chamber pipes, carburetor pipes, electric pipes, air driven pipes, chillums, bongs, and ice pipes of chillers. If a particular item is not among this list, the law outlines factors that should be considered by the court in determining whether an items constitutes drug paraphernalia. The factors are:

• Any statements by the owner or anyone in control of the object concerning its use;
• Location of the object in relation to CDS;
• Whether there is any residue of CDS in the item;
• Direct or circumstantial evidence of the owners intent concerning its use;
• Instructions, if any, that came with the object;
• Legitimate uses, if any; and
  
• Expert testimony concerning the item.

While all of these are factors to be considered, an overriding question is always the intention of the accused, namely, whether the purpose was to use it with CDS.