If an officer catches someone possessing drug-related paraphernalia, he/she will be able to charge the suspect with a separate possession offense (i.e. N.J.S.A. 2C:36-2). However, depending on the surrounding circumstances, the officer might be able to arrest the suspect for possession of drugs even if no drugs are present. It is imperative to avoid getting saddled with two criminal charges (i.e. possessing paraphernalia and possessing drugs).