Drug Offenses in New Jersey

Drug Possession

Possession of illegal drugs or certain drugs without a valid prescription is a criminal offense in New Jersey. The degree of the offense and the resulting punishment depend upon the type of drug and the quantity someone is caught with. The basic drug possession statute is N.J.S.A. 2C:35-10. All drug offenses under this statue carry with them a loss of drivers license for between six months and two years.

The statute makes possession of less then 50 grams of marijuana a disorderly persons offense. The penalties include a fine of up to $1,000.00, up to six months in the county jail, a $500.00 DEDR penalty, and other monetary penalties.

Possession of more then 50 grams of marijuana or possession without a prescription of certain Schedule V prescription drugs such as codeine are indictable 4th degree offenses punishable by up to 18 months in state prison and a fine of up to $15,000.00.

Possession without a valid prescription of Schedule IV prescription drugs such as Xanax or Ambien, Schedule III substances such as anablolic steroids or barbituates, Schedule II substances such as cocaine, methamphetamine, PCP, and morphine, and Schedule I drugs such as esctasy (MDMA), heroin, mescaline, psilocybin (mushrooms), and GHB are all indictable 3rd degree crimes punishable by up to 5 years in state prison, a fine of up to $35,000.00, and a $1,000.00 DEDR penalty.

For alternatives to prison sentences and loss of driver’s license read the section below on Alternative Sentencing. Click here to see the complete Drug Schedule.

Drug Manufacture, Distribution, or Possession with Intent to Distribute

Drug manufacturing, distributing, or possessing with intent to distribute are all found in N.J.S.A. 2C:35-5. The penalties for all of these activities are the same. The severity of punishment for the offense varies depending upon what the substance is and the quantity.

Heroin, Cocaine, Or Methamphetamine

If the quantity is less than 1/2 oz. it is a 3rd degree criminal offense punishable by up to 5 years in state prison and up to a $75,000.00 fine.

If the quantity is more than 1/2 oz. but less then 5 oz. it is a 2nd degree criminal offense punishable by up to 10 years in state prison and a fine of up to $75,000.00.

If the quantity is greater than 5 oz. it is a 1st degree criminal offense punishable by up to 20 years in state prison with parole ineligibility for one-third to one-half of the sentence, and a fine of up to $500,000.00.

LSD

If the quantity is less than 100 milligrams it is a 2nd degree offense punishable by up to 10 years in state prison and a fine of up to $75,000.00.

If the quantity is more than 100 milligrams it is a 1st degree offense punishable by up to 20 years in state prison with parole ineligibility for one-third to one-half of the sentence, and a fine of up to $500,000.00.

Marijuana

If the quantity is less than 1 oz. it is a 4th degree offense punishable by up to 18 months in state prison and a fine of up to $15,000.00.

If the quantity is more than 1 oz. but less than 5 lbs. it is a 3rd degree offense punishable by up to 5 years in state prison and a fine of up to $25,000.00.

If the quantity is more than 5 lbs, but less than 25 lbs, it is a 2nd degree offense punishable by up to 10 years in state prison and up to a $75,000.00 fine.

If the quantity is more than 25 lbs it is a 1st degree offense punishable by up to 20 years in state prison and a fine of up to $300,000.00.

Fore more information on marijuana charges, click here.

Drug Paraphernalia

Possession of drug paraphernalia is a disorderly persons offense in New Jersey under N.J.S.A. 2C:36-6. drug paraphernalia is anything used in planting, growing, packaging, ingesting, inhaling, or injecting a controlled dangerous substance. It is punishable by up to 6 months in the county jail, a fine of up to $1,000.00 and a loss of driver’s license for between 6 months and 2 years.