Drug Paraphernalia Possession Charges: Needle or Syringe
The frequency of individuals being arrested and charged with possession of a hypodermic needle seems to grow every day in NJ. It is therefore not surprising that the attorneys at our law firm, the Law Offices of Jonathan F. Marshall, are called upon to address paraphernalia arrests stemming from a syringe all the time. If you are subject to charges for possessing a needle, our lawyers can assist you. Our criminal defense team has over 60 years of experience, including two former New Jersey prosecutors, and is available 24/7 to address your needs. Give us a call at 855-450-8310 if you require representation by an attorney in Monmouth County, Essex County, Union County, Middlesex County, Ocean County or elsewhere in New Jersey. We hope you find the information that follows of assistance.
New Jersey Law – 2C:36-2 & 2C:36-6
The two primary laws governing an individual’s ability to possess a needle are N.J.S.A. 2C:36-2 and N.J.S.A. 2C:36-6. The former is the general law prohibiting use of drug paraphernalia and criminalizes possession of items intended to be used to introduce controlled dangerous substance (“CDS”) into the body. Section 2C:36-6, captioned “Possession or distribution of hypodermic syringe or needle” goes a step further in addressing this type of offense and provides:
2C:36-6. a. Except as authorized by subsection b., c. or other law, it shall be unlawful for a person to have under his control or possess with intent to use a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in chapter 35 of Title 2C of the New Jersey Statutes or to sell, furnish or give to any person such syringe, needle or instrument. Any person who violates this section is guilty of a disorderly persons offense.
Penalties If You Are Charged with Possessing a Needle in NJ
The laws in NJ render a conviction for possessing a hypodermic needle a disorderly persons offense. While the monetary penalties if convicted are relatively limited, the collateral consequences are significant. An individual may be placed on probation and even incarcerated for a term of up to six (6) months in jail. Additionally, since a paraphernalia charge falls under the New Jersey Controlled Dangerous Substance laws, an individual is subject to a six month drivers license suspension upon conviction.
A lawyer is available immediately at 855-450-8310 to provide you with additional information.
