The New Jersey Appellate Division just ruled in State in the Interest of M.R. (juvenile case out of Camden County) that, sometimes, a cigar is just a cigar. In the lower trial court, Judge Pugliese had ruled that the cigar was a "blunt and it's used for marijuana purposes." The Appellate Division disagreed and overturned the conviction. The higher court ackowledged that the cigar is like a tobacco pipe and can "sometimes" satisfy the definition of drug paraphernalia. However, in M.R., the prosecutor (Camden County Prosecutor's Office) had failed to prove beyond a reasonable doubt that M.R. "knowingly possessed the cigar as drug paraphernalia 'with intent to use' it.
Richard Sparaco, Esq. will post changes in the laws and interesting caselaw decision that may affect you or someone you know. He'll even throw in some "war stories" when he can while preserving the attorney-client privilege.