As previously explained it is a criminal offense to possess, distribute or possess with intent to distribute drug paraphernalia with the intent that the item will be used to consume or cultivate a controlled dangerous substance.

At times, a retailer of items that can be used as drug paraphernalia, as well as for other legitimate uses, will be prosecuted under the statute.  Under those circumstances the intent of the shopkeeper may prove to be a critical issue.  New Jersey’s Supreme Court has concluded that the government must establish that the wrongdoer was “practically certain” that the item will be put to an illicit use.  The Court also observed notice that although a retailer need not conduct an investigation to identify the intentions of a buyer, the circumstances of each transaction and the merchant’s marketing scheme should be considered.