THE TOWN TOBACCONIST v. KIMMELMAN


186 N.J. Super. 449 (1982)

453 A.2d 209

THE TOWN TOBACCONIST, A PROPRIETORSHIP, A SHOP CALLED EAST OF CHERRY HILL, INC., A NEW JERSEY CORPORATION, ANNIE HULL'S, A PROPRIETORSHIP, EASTWEST, A PROPRIETORSHIP, FOREVER CHANGES, A PARTNERSHIP, HIGH OL' TIMES, A PROPRIETORSHIP, HIGH SUPPLY, INC., A NEW JERSEY CORPORATION, INDIAN COTTAGE, INC., A NEW JERSEY CORPORATION, INNER CIRCLE, A PROPRIETORSHIP, INNER DIMENSIONS, A PROPRIETORSHIP, INNER EYE, A PROPRIETORSHIP, JACK'S MUSIC, A PROPRIETORSHIP, MA-RAJA, INC., A NEW JERSEY CORPORATION, NATURE'S HEAD, A PROPRIETORSHIP, SMUGGLER'S ATTIC OF WILLOWBROOK, INC., A NEW JERSEY CORPORATION, AMSUN WORLD IMPORTS, INC., A NEW JERSEY CORPORATION, AHEAD OF OUR TYME, A PROPRIETORSHIP, TURNTABLE, A PROPRIETORSHIP, GEORGE DICKINSON, SANDY WILSON, MICHAEL SAITZ, MIKE HULL, ANNIE HULL, ALEX SUVINO, RICHARD COOK, BRUCE KESSLER, BRUCE SHORE, LARRY WARD, VIJAY GUPTA, JOSEPH ASERO, BARBARA ASERO, GLORIA BUBBLO, GLORIA KIRKPATRICK, JACK ANDERSON, CHAMP TAILOR, ERIC KNOEDLER, SOL INSPECTOR, TOM BAHMER, PAT BAHMER, KEN TERSTEN, JESSIE ROSE, JOHN SMITH, A FICTITIOUS NAME, MARY SMITH, A FICTITIOUS NAME, AND XYZ CORPORATION, A FICTITIOUS NAME, PLAINTIFFS-RESPONDENTS, v. IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Reargued April 26, 1982.

Decided May 14, 1982.


Attorney(s) appearing for the Case

Daniel Louis Grossman, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General, attorney pro se; John DeCicco, Assistant Attorney General, of counsel; James R. Zazzali, former Attorney General, Robert E. Rochford, Deputy Attorney General, and Daniel Louis Grossman on the brief).

Roger A. Lowenstein, argued the cause for respondents (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys; Podvey, Sachs, Catenacci & Silber, P.C., Abbott S. Brown, H. Richard Chattman, Zulima V. Farber and Roger A. Lowenstein on the brief).

Before Judges MICHELS, JOELSON and GAULKIN.


The opinion of the court was delivered by GAULKIN, J.A.D.

The Attorney General appeals from a final judgment which declared unconstitutional N.J.S.A. 24:21-48, 49 and 50; those sections make unlawful certain use, possession, distribution and advertising of "drug paraphernalia." We find the sections to satisfy constitutional requirements and accordingly reverse.

Plaintiffs describe themselves as retailers...

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