While New Jersey has legalized the use of marijuana for those over the age of 21, many substances remain illegal, and being found in possession of an illicit substance can result in severe criminal penalties. This is true even if you are found in possession of prescription drugs without a valid prescription. If you are caught in illegal possession of a controlled dangerous substance the penalties you face can be severe. For more information and to obtain skilled representation in your case, contact a criminal defense attorney at the Law Office of Douglas Herring today.
What Is a Controlled Substance Under New Jersey Law?
A controlled substance is any drug or other substance that is tightly regulated by the government. These drugs are generally used for medicinal purposes, though some are not, and have a high risk for abuse or addiction, hence the need for regulation.
Controlled Substance Schedules
The United States government controls the way these substances are created, handled, distributed, and used. New Jersey adheres to a similar schedule to the federal CSA.
There are five categories of controlled substances: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V. Schedule I substances are the most closely regulated as they have no accepted medical use in the U.S. and have the highest risk of abuse and addiction. The risk and danger of the drugs decrease with each schedule, with Schedule V substances having the least risk.
Examples of the types of drugs in each category are listed below.
- Schedule I: Heroin, LSD, MDMA
- Schedule II: Cocaine, methamphetamine, oxycodone, fentanyl
- Schedule III: Ketamine, anabolic steroids
- Schedule IV: Xanax, Valium
- Schedule V: Certain cough medicines, pregabalin
Is Marijuana Still a Controlled Substance in New Jersey?
It’s important to understand that New Jersey has made marijuana legal for recreational use. However, there are still limitations in place and instances in which possession can be considered illegal.
In New Jersey, adults over 21 are allowed to purchase and possess cannabis. Under New Jersey law, however, adults are only able to have 6 ounces of marijuana on them at a time. Anyone with more than this amount or anyone under the age of 21 found in possession can face charges. Additionally, distribution without a license is still illegal in New Jersey.
Penalties for Possession of a Controlled Substance in NJ
Under NJ Rev Stat § 2C:35-10, possession of a controlled substance without a valid prescription or legal authorization can lead to serious criminal charges. However, the exact penalties you will face will depend on a number of factors, including the type of drug in your possession, how much of the substance you possessed, and whether the crime is considered indictable. Unlike other minor offenses, drug possession in New Jersey may impose mandatory minimum penalties in certain cases.
How New Jersey Classifies Drug Possession Offenses
Depending on the amount of drugs you are found in possession of, you can be charged with a disorderly persons offense all the way up to a second-degree indictable crime. The standard penalties for the possession of a controlled substance in New Jersey include the following.
Disorderly Persons Offense
A disorderly persons offense is generally charged to those found in possession of small amounts of certain controlled substances, most often low-level or first-time offenders. While these charges are less severe than other indictable offenses, they will still remain on your criminal record.
Potential penalties include:
- Fines of up to $1,000
- Up to 6 months in prison
Fourth-Degree Indictable Crime
A fourth-degree indictable crime is generally charged for more serious possession offenses and carries long-lasting penalties. These cases are handled in the Superior Court.
Potential penalties include:
- Fines of up to $10,000
- Up to 18 months in prison
Third-Degree Indictable Crime
This offense may be charged when someone is in possession of more dangerous drugs or larger quantities of an illicit substance. Jail time is much more likely for these charges.
Potential penalties include:
- Fines of up to $200,000
- 3 to 5 years in prison
Second-Degree Indictable Crime
Second-degree indictable crimes are generally reserved for the most serious possession cases, typically involving highly regulated substances or significant quantities.
Potential penalties include:
- Fines of up to $300,000
- 5 to 10 years in prison
Additional Penalties that May Apply to Drug Possession Offenses
While you may face time in jail or hefty fines if you are found in possession of an illegal substance in Mercer County, understanding the additional penalties you can face is critical. There are other penalties you can face outside of the criminal and civil consequences imposed by the state.
Consequences Beyond Jail and Fines
- Suspension of your driver’s license
- Mandatory participation in a drug education or rehabilitation program
- Probation
- A permanent criminal record, which can affect employment and housing
Possession of Prescription Drugs Without a Valid Prescription
It’s critical to understand that, because prescription drugs are still considered controlled substances, possession without a valid prescription is a criminal offense. These substances often pose a risk for abuse despite their accepted medical uses, meaning they are highly regulated. As such, if you have prescription drugs on you without a valid prescription, or you are found sharing these medications, you can face serious charges.
Contact an Experienced Mercer County Criminal Defense Attorney
Because the penalties for possession of a controlled substance are severe, it is important that you are adequately represented during your case. At the Law Offices of Douglas Herring, we understand the impact these charges can have, which is why we will explore all options to help you fight for the best possible outcome. Contact our experienced firm today to discuss your legal rights and options.
