Possession of Drug Paraphernalia to Defraud a Drug Test

New Jersey job applicants, athletes and people on probation or parole often must submit to drug tests. Sometimes, otherwise clean, law-abiding people will discover that a drug test is impending, and they might not pass it this time. There might be a temptation to circumvent the drug test in some manner.

People in this situation should be aware that possession of a device or substance designed to circumvent a drug test may be a criminal offense in New Jersey. It may be considered to be possession of drug paraphernalia.

The Garden State has a law that outlaws the act of defrauding the administration of a drug test. In order to be found guilty of this crime, the prosecution must prove that the defendant knowingly possessed a product, instrument, substance, device or tool designed, adapted or commonly used to defraud the administration of a drug test.

Proving possession is something that could be problematic for the prosecution. In order to possess an item, a person must knowingly receive or procure an item. Alternatively, a person must be aware of their control of the allegedly possessed item for long enough time to relinquish control of it, if they wanted to. If the prosecution cannot prove one of these two things in relation to the allegedly possessed item, then the prosecution cannot get a conviction.

In many circumstances, police are required to have a properly drawn-up search warrant to conduct a search for drugs and drug paraphernalia. If this requirement for search and seizure has not been fulfilled, then the defense may be able to get the resulting evidence thrown out of court.

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