Paraphernalia
N.J.S.A. 2C:36-2 — using or possessing drug paraphernalia is a disorderly persons offense, with marijuana and hashish outside it
The offense. It is unlawful to use, or to possess with intent to use, drug paraphernalia to grow, manufacture, prepare, test, pack, store, conceal, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the drug laws, other than for ingesting, inhaling or otherwise introducing marijuana or hashish. A person who does is guilty of a disorderly persons offense.
Marijuana and hashish. Using or possessing paraphernalia to ingest, inhale or otherwise introduce marijuana or hashish into the body is not a punishable crime, offense, act of delinquency or civil violation under the section. The person or entity that owns or controls a property, including multifamily housing, a cooperative, a condominium unit or a leased site in a mobile home park, may still prohibit or regulate that use there. An object that appears to be for use with cannabis is presumed to be lawful cannabis paraphernalia and does not alone give reasonable articulable suspicion, unless an illegal controlled substance is possessed or is close by.
What counts. Drug paraphernalia is equipment, products and materials of any kind used or intended for use with a controlled dangerous substance, controlled substance analog or toxic chemical, other than marijuana, hashish or harm reduction supplies. The listed examples include scales and balances, capsules, balloons and envelopes for packaging small quantities, containers for storing or concealing, and pipes, bongs and other objects for ingesting cocaine, nitrous oxide or the fumes of a toxic chemical. Harm reduction supplies, among them naloxone and test strips, are never paraphernalia, and possessing a hypodermic needle or syringe for personal use is not unlawful, even with a residual amount in it.
How it is decided. In deciding whether an object is drug paraphernalia, the trier of fact may consider statements by its owner or anyone in control of it, its proximity to illegally possessed substances, any residue on it, instructions and descriptive materials that come with it, how it is displayed for sale, the legitimate uses for it in the community, expert testimony, and any sign that it is a harm reduction supply.
| The conduct | What it is |
|---|---|
| The conductUsing, or possessing with intent to use, drug paraphernalia | What it isA disorderly persons offense |
| The conductDistributing or dispensing, possessing with intent to distribute or dispense, or manufacturing with intent to distribute or dispense, knowing it will be used with a controlled dangerous substance | What it isA crime of the fourth degree |
| The conductA person 18 or over delivering drug paraphernalia to a person under 18 | What it isA crime of the third degree |
Possession of the drugs themselves, the cannabis rules, and the sentence each grade of offense carries are on other pages. Whether an object found in a particular search is paraphernalia is a question of fact and law for a licensed New Jersey attorney.
Sources for this section (4)
- N.J.S.A. 2C:36-2 — Use or possession with intent to use
- N.J.S.A. 2C:36-1 — Drug paraphernalia, defined; determination
- N.J.S.A. 2C:36-3 — Distribute, dispense or possess with intent to distribute or manufacture, crime of fourth degree
- N.J.S.A. 2C:36-5 — Delivering drug paraphernalia to person under 18 years of age, crime of third degree
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.