Legal Opinion

Town Tobacconist v. Kimmelman

Supreme Court of New Jersey

Decided July 19, 1983PublishedCited by 142 opinions

1Opinion of the Court

The opinion of the Court was delivered by

WILENTZ, C.J.

The statute before us, New Jersey’s Drug Paraphernalia Act, N.J.S.A. 24:21 — 46 to -53, seeks to criminalize “head shops,” to put them out of business. It has never been enforced, the parties having consented to an injunction against such enforcement pending the outcome of this appeal. Given the illegal conduct on which these stores thrive, the attainment of the goal of the statute is clearly within the power of the Legislature. The question is whether the means selected by the Legislature to achieve that goal are constitutional. We hold…

2Cases cited47 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Connally v. General Construction Co.Supreme Court of the United States · 1926

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3Cited by142 opinions

  1. State v. RothSupreme Court of New Jersey · 1984
  2. State v. RamseurSupreme Court of New Jersey · 1987
  3. State v. NataleSupreme Court of New Jersey · 2005
  4. State v. HoffmanSupreme Court of New Jersey · 1997
  5. State, Tp. of Pennsauken v. SchadSupreme Court of New Jersey · 1999

137 more not listed; retrieve them via the Exa API.

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