What Are the Penalties for Possession of a Controlled Substance in New Jersey?

The United States government regulates the production and use of many drugs to ensure safety for users. 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?

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.

The United States government controls the way these substances are created, handled, distributed, and used. 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, mescaline, LSD, MDMA
• Schedule II: Hydrocodone, cocaine, methamphetamine, oxycodone, fentanyl, Adderall, Vicodin
• Schedule III: Codeine, ketamine, anabolic steroids, testosterone
• Schedule IV: Xanax, Valium, Ambien, tramadol
• Schedule V: Diphenoxylate, pregabalin

What Are the Penalties for Possession of a Controlled Substance in NJ?

Under U.S. law, any substance regulated under the five schedules must be manufactured, distributed, dispensed, or used with proper certification or permission. Only legally practicing doctors are permitted to prescribe these drugs and they can only be dispensed by hospital workers or pharmacists. For an individual to legally carry and use a controlled substance they must hold a valid prescription. If an individual is caught in possession of a controlled substance without a valid prescription or legally accepted reason, they can face a variety of legal charges and consequences.

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: Fines of up to $1,000 and up to 6 months in prison
• Fourth-degree indictable crime: Fines of up to $10,000 and up to 18 months in prison
• Third-degree indictable crime: Fines of up to $200,000 and 3 to 5 years in prison
• Second-degree indictable crime: Fines of up to $300,000 and 5 to 10 years in prison

Because the penalties are severe it is important that you are adequately represented during your case. Contact an experienced attorney today to discuss your legal rights and options.