NEW JERSEY CRIMINAL LAWYERS

NJ N.J.S.A. 2C:35-10 POSSESSION OF CONTROLLED DANGEROUS SUBSTANCE (“CDS”)

Understanding New Jersey’s Drug Laws for Controlled Dangerous Substances

Drug possession is a severe offense in the state of New Jersey. The state’s drug laws classify drug possession as an offense, and charges may range from disorderly persons offenses to third-degree crimes. In this article, we will discuss the state’s drug laws in detail, including various penalties according to the Schedule of drugs, quantity involved, and intent.

Offenses under New Jersey Drug Laws
According to the New Jersey Controlled Dangerous Substances Act, it is a crime for an individual to knowingly or purposely acquire, possess or utilize controlled dangerous substances unless they are validly obtained through a prescription from a licensed medical practitioner while working within their professional practice scope.

The law establishes that controlled substances include marijuana (less than 50 grams), substance and paraphernalia, prescription drugs without substance form or valid written prescription from a licensed medical practitioner. It also encompasses drugs used for disease treatment or prevention among human and animal species.

Penalties for Drug Possession in NJ
New Jersey law classifies penalties based on the Schedule of drugs charged against the accused, their quantity, and whether they intended usage.
For instance:

– Possession of Schedule I – IV controlled substances (excluding those provided by this section) is a third-degree crime punishable by up to $35,000 imprisonment.
– Possession of Schedule V-controlled substances is considered a fourth-degree crime punishable by up to $15,000 in fines.
– Possession of Marijuana with no more than 50 grams or five grams hashish or any adulterants carry misdemeanor charges.
– Offenders found in possession of drugs close to elementary school property face community service sentences ranging from sixty days to one hundred fifty days.
– Individuals caught using drugs beyond treatment scope face disorderly persons charges

Table Summarizing NJ Drug Laws
Below is a comprehensive table summarizing New Jersey drug laws.

| Offense | Penalty |
|—————————————————————————————–|————————–|
| Possession of any Schedule I – IV controlled dangerous substance (excluding this section) | Third-degree crime |
| Distributing or possessing to distribute a Schedule I drug within 1,000 feet of school property, school bus | Second- degree crime |
| Possession of any Schedule V controlled dangerous substance | Fourth-degree crime |
| Possession of marijuana with no more than 50 grams or five grams hashish | Disorderly person offense |
| Possessing over 50 grams marijuana, hashish, or their derivative | Fourth-degree crime |
| Use or being under the influence, not lawfully prescribed or administered by a licensed medical practitioner | Disorderly person offense |
| Knowingly obtaining or possessing a controlled substance and failing report it to law enforcement authorities | Disorderly person offense |

For each Schedule drug-related conviction under NJ Drug Laws, offenders face imprisonment, hefty fines depending on the severity of the offense. Besides penalties imposed by courts under these laws, additional indirect consequences resulting from drug possession may include social stigmatization and strains in personal relationships.

Conclusion
Breaking drug laws in New Jersey could lead one into severe legal complications. For instance, individuals caught distributing drugs close to a school facility could face an elevated criminal sentence. Additionally, persons found using drugs beyond treatment scope would face charges for disorderly conduct.
Therefore, it is crucial to familiarize yourself with NJ’s Drug Laws classification and enlist competent attorneys’ services whenever involved in related offenses.