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When is a Cigar not a Cigar? - Court of Appeals Rules on "Blunt" as Not Drug Paraphernalia

2/26/2014

39 Comments

 
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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.


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