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There is a drug epidemic sweeping the nation. New Jersey is one of the states that has seen some of the largest problems concerning substance abuse. Please continue reading and contact our experienced Mercer County drug crime lawyer to learn more about the drug laws in NJ and the penalties you may face for violating them.
One of the factors in determining the punishment for a drug crime in New Jersey is the classification of the drug. The DEA is responsible for the classifications of drugs. These classifications, or schedules, are based on the dangers associated with the drug. Another factor in determining drug classifications is the likelihood of abuse. Also, the DEA takes into account any medical benefit the drug may have. Now, we are going to look at the different schedules of controlled substances in the United States.
The DEA considers Schedule I controlled substances to have no acceptable medical use, as well as a high risk of potential abuse. These drugs include heroin, LSD, peyote, and ecstasy. While marijuana remains federally Schedule I, New Jersey has legalized adult recreational possession of up to 6 ounces.
The DEA considers Schedule II drugs to have a high potential for abuse which can lead to physical or mental dependence. However, many of these drugs have legitimate medical uses. Schedule II drugs include hydromorphone, methadone, and oxycodone. As you can see these drugs are all available by prescription.
The DEA considers Schedule III drugs to have less potential for abuse than Schedule I or II. These drugs can lead to moderate or low physical and mental dependence. Schedule III drugs include buprenorphine, ketamine, and anabolic steroids such as Depo-Testosterone.
The DEA considers Schedule IV and V substances to have a very low risk of abuse and addiction. These drugs are mostly prescription drugs that are relatively safe.
The DEA classifications are a starting point for NJ drug laws. The more dangerous the substance is, the harsher the penalty is for being caught with it. Also, just because a drug is available by prescription, it isn’t legal to have one in your possession without a prescription for it.
Let’s start with marijuana. While you may legally possess up to 6 ounces of cannabis if you are 21 or older, possession of more than 6 ounces is a fourth-degree crime punishable by up to 18 months in prison and a potential $25,000 fine.
Possession of more dangerous drugs including heroin, cocaine, prescription drugs, and ecstasy can result in penalties that vary by the substance and amount, but many cases are charged as third-degree crimes punishable by up to five years in prison and a fine of up to $35,000. If drugs are found in your vehicle, you may also receive a suspension of your driver’s license.
Possession of drug paraphernalia is also a criminal offense. Anyone who receives a drug paraphernalia charge is subject to up to six months in prison and a $1,000 fine. A driver’s license suspension is possible but not automatic.
Having multiple drug possession charges could result in harsher penalties. Also, larger quantities of drugs could result in distribution charges.
If you are caught with a significant amount of narcotics, you may be subject to distribution or possession with intent to distribute charges. These charges carry stiff penalties and are all felonies.
Also, repeat distribution offenses can stiffen punishments.
There has been a shift in dealing with drug charges across the nation, and New Jersey is no different. Many first-time offenders are offered the opportunity to enter a drug program that the state has established. The goal is to educate, treat, and limit the likelihood of the offender repeating their crimes. Programs such as Drug Court, Pre-Trial Intervention (PTI), or conditional discharge may be available depending on the offense and prior record. A first-time offender program may or may not be right for you; you should consult a Mercer County drug crime lawyer to determine the best course of action in your specific case.
If you are facing a drug crime of any nature, you need an experienced Mercer County drug crime lawyer on your side. Contact the Law Office of Douglass Herring today to schedule your free initial consultation with our competent legal team.
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