New Jersey statute
N.J.S.A. 2C:36-2 — Use or possession with intent to use
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 36, New Jersey Statutes.
Criminal charges under this statute
Full text of N.J.S.A. 2C:36-2
Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.
2C:36-2. a. Use or possession with intent to use. It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title, other than when used, or possessed with intent to use, for ingesting, inhaling, or otherwise introducing marijuana or hashish into the human body. Any person who violates this section is guilty of a disorderly persons offense.
b. Notwithstanding that using or possessing with intent to use drug paraphernalia to ingest, inhale, or otherwise introduce marijuana or hashish into the human body is not a punishable crime, offense, act of delinquency, or civil violation pursuant to this section, the use of drug paraphernalia for that purpose may be prohibited or otherwise regulated on or in any property by the person or entity that owns or controls that property, including multifamily housing that is a multiple dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), the structure or specific units of the structure of a cooperative as defined in section 3 of P.L.1987, c.381 (C.46:8D-3), the units of a condominium, as those terms are defined by section 3 of P.L.1969, c.257 (C.46:8B-3), or a site in a mobile home park as defined in section 3 of P.L.1983, c.386 (C.40:55D-102), which site is leased to the owner of a manufactured home, as defined in that section, that is installed thereon.
amended 2007, c.31, s.3; 2021, c.16, s.58; 2021, c.19, s.3.
Official sources
Legal terms used in this section
Questions this section answers
Is use or possession with intent to use a crime in New Jersey?
Use or possession with intent to use is a disorderly persons offense in New Jersey, which is not a crime under the New Jersey Constitution (N.J.S.A. 2C:1-4) — it carries no criminal record and is heard in municipal court. Governed by N.J.S.A. 2C:36-2.
Which New Jersey statute covers use or possession with intent to use?
Use or possession with intent to use is governed by N.J.S.A. 2C:36-2 (Use or possession with intent to use).
This reference is informational and is not legal advice.