[Ord. 6 S+FK, 6-22-1994 § 1]
As used in this chapter, unless otherwise provided, or unless
otherwise shown by the context:
Shall mean a drug, substance or immediate precursor in Schedules
I through V, as set forth in N.J.S.A. 24:21 et seq. and as modified
by any regulations issued by the Commissioner of Health pursuant to
his authority as provided in N.J.S.A. 24:21. The term shall not include
distilled spirits, wine, malt beverages, as those terms are defined
or used in N.J.S.A. 33:1-1 et seq., or tobacco and tobacco products.
The term, wherever it appears in any law or administrative regulation
of this City, shall include controlled substance analogs.
Shall mean a substance that has a chemical structure substantially
similar to that of a controlled dangerous substance and that was specifically
designed to produce an effect substantially similar to that of a controlled
dangerous substance. The term shall not include a substance manufactured
or distributed in conformance with the provisions of an approved new
drug application or an exemption for investigational use within the
meaning of Section 505 of the "Federal Food, Drug and Cosmetic Act,"
52 Stat. 1052 (21 U.S.C. and 355).
As defined by N.J.S.A. 2C:36-1 shall mean in part all products
and materials of any kind which are used for or intended to be used
for the packaging, repacking, storing, containing or concealment of
a controlled dangerous substance or controlled substance analog. Such
materials shall include but not be limited to: capsules, cocaine vials,
balloons, envelopes and other containers used or intended for use
in packing small quantities of controlled dangerous substances or
controlled substance analogs, as well as containers and other objects
used or intended for use in storing or concealing controlled dangerous
substances or controlled substance analogs.
[Ord. 6 S+FK, 6-22-1994 § 2]
In determining whether or not an object is drug paraphernalia,
the trier of fact, in addition to or as part of the proofs, may consider
the following factors: (a) statements by an owner or by anyone in
control of the object concerning its use; (b) the proximity of the
object of illegally possessed controlled dangerous substances or controlled
substance analogs; (c) the existence of any residue of illegally possessed
controlled dangerous substances or controlled substance analogs on
the object; (d) direct or circumstantial evidence of the intent of
an owner, or of anyone in control of the object, to deliver it to
persons whom he knows intend to use the object to facilitate a violation
of this section; the innocence of an owner, or of anyone in control
of the object, as to a direct violation of this chapter shall not
prevent a finding that the object is intended for use as drug paraphernalia;
(e) instructions, oral or written, provided with the object concerning
its use; (f) descriptive materials accompanying the object which explain
or depict its use; (g) national or local advertising whose purpose
the person knows or should know is to promote the sale of objects
intended for use as drug paraphernalia; (h) the manner in which the
object is displayed for sale; (i) the existence and scope of legitimate
uses for the object in the community; and, (j) expert testimony concerning
its use.
[Ord. 6 S+FK, 6-22-1994 § 3]
It shall be unlawful for any person to distribute or dispense,
or possess with intent to distribute or dispense, or manufacture with
intent to distribute or dispense, drug paraphernalia, knowing that
it will be used 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 or controlled
substance analog in violation of the provisions of this chapter.
[Ord. 6 S+FK, 6-22-1994 § 4]
Any person who violates this chapter shall be subject to the
penalty provisions in accordance with the laws of the State of New
Jersey as specified in N.J.S.A. 2C:36-1 et al.
