Possession of a Hypodermic Needle

N.J.S.A. 2C:36-2 is the New Jersey Law that sets forth the offense of possession of drug paraphernalia except where the item is a syringe or hypodermic needle. When these injection devices are involved, there is a specific law, N.J.S.A. 2C:36-6 that applies. In this regard, 2c:36-6 makes it unlawful to possess or control a hypodermic syringe with the intention of using it to ingest a controlled dangerous substance. And given the exceptionally high number of individuals using heroin in Ocean County, issuance of complaints for this disorderly persons offense is definitely on the rise, along with felony heroin possession charges. While this violation is essentially a misdemeanor, it results in a criminal record for possessing a syringe, something that certainly will not be viewed favorably by those reviewing the results of a background check. If you were charged under 2C:36-6, our lawyers are highly skilled and ready to defend you at the Superior Court or any of the municipal courts in the county, including Brick, Toms River, Berkeley, Barnegat, Lacey, Jackson, Little Egg Harbor, Stafford, Manchester, Lakewood, and Point Pleasant. Our staff includes former county and municipal prosecutors in over 15 towns in Ocean County. Contact our Toms River Office at (732) 286-6500 to speak to an attorney immediately or to set up a free in office consultation.

Pursuant to N.J.S.A. 2C:36–6(a), unless authorized by law, it is illegal for a person in Ocean County to have under his/her control, or possess with intent to use, a hypodermic syringe, hypodermic needle, or any other instrument adapted for use with a controlled dangerous substance or its analog. In order to obtain a conviction, the prosecutor, either municipal or county, must not only prove the possession or control but also that the defendant intended to use the instrument for controlled dangerous substances. The intent can be inferred from the circumstances of the possession.

An exception to possessing a hypodermic needle or syringe will apply when the defendant is obtains said needle or syringe by a valid prescription issued by a duly licensed physician, dentist, or veterinarian. However, prescription for a hypodermic needle or syringe or any other instrument adapted for the use of controlled dangerous substances by subcutaneous injections is only valid for one year from the date of issuance.

Penalties for Possession of a Hypodermic Needle. As previously mentioned, both possession of a hypodermic needle or syringe and distribution of a hypodermic needle or syringe are disorderly persons offenses. This means that a conviction for either offense carries with it up to six months in the Ocean County Jail. In addition to incarceration, the court may also impose a $1000 fine, along with community service and a probation period. A mandatory driver's license suspension of at least 6 months and as much as 2 years must also be imposed at the time of sentencing if you are convicted under 2C:36-6.

If you or a loved one has been charged with possession of a syringe or hypodermic needle, our attorneys have the knowledge and experience to help you. Call us anytime 24/7 for immediate assistance. The lawyers that make up the eight member defense team at Law Offices of Jonathan F. Marshall have over 100 years of combined experience handling drug paraphernalia charges like possession of a syringe/needle in Ocean County. We also happen to be former prosecutors in many municipal courts in the region including Long Beach, Ocean Township, Point Pleasant Beach, Lacey, Stafford, Brick, Little Egg Harbor, Toms River, Berkeley, Jackson and Manchester. For an immediate free consultation with lawyer on our staff, call us at (732) 286-6500. An attorney is available around the clock to assist new callers.

Law Offices of Jonathan F. Marshall, 10 Allen St #2D Toms River, NJ 08753, defends clients charged with possession of a needle or syringe throughout Ocean County including Lakewood, Jackson, Brick, Long Beach, Barnegat, Stafford, Point Pleasant Beach, Ocean Township, Lacey, Little Egg Harbor, Toms River, Berkeley and Manchester.