CDS Analogs and Possession Charges in NJ


Charged with Possessing a CDS Analog in Edison?

In New Jersey, it is outlawed for anyone to possess a controlled dangerous substance or analog of CDS without proper authorization. An analog is any substance similar to another controlled dangerous substance and that which may cause a similar high. Unless you have a prescription, you will be charged with a disorderly persons offense or an indictable crime for possessing CDS or a drug analog. When these situations arise, the stakes are extremely high and those convicted face extensive penalties, not the least of which is jail or prison time. Fortunately, there are many ways out of a drug or CDS analog possession charge, especially if you have help from an experienced criminal defense lawyer. At William Proetta Criminal Law, our attorneys concentrate entirely on criminal and DWI defense, and we have been assisting clients charged with possessing marijuanadrug paraphernaliacocaine possessionheroin possession, and many other crimes for the last ten years. When you seek help from our firm in Middlesex County, we look at the proofs carefully, challenge the sufficiency of the lab reports and other evidence that may prove problematic for the prosecution, and go the distance in fighting the particular charges. With local offices in Edison NJ, our lawyers routinely defend those arrested in Woodbridge, Metuchen, East Brunswick, Old Bridge, New Brunswick, Monroe Township, and nearby areas. We encourage you to call (732)-659-9600 or contact us here today for a free consultation.

What Is a Controlled Dangerous Substance Analog and Are They Legal in NJ?

Possession of a controlled dangerous substance is an offense under N.J.S.A. 2C:35-10. Specifically, this provision makes it illegal to possess substances delineated in Drug Schedules I-V, which have not been prescribed by a practitioner. Additionally, this provision makes it an offense to have in your possession an analog substance. An analog is defined under N.J.S.A. 2C:35-2. According to this section, an analog means any substance that has the same chemical structure or similar structure to that of a controlled dangerous substance. This is not to be confused with “imitation” cds, as often happens. Imitation drug offenses are limited to situations in which people try to sell something (i.e. oregano) disguised as a real drug (marijuana perhaps). For analogs, the substance does, in fact, produce a high similar to that of the drug that it is trying to mimic or imitate. The chemical properties can be tested in a lab and certified by the lab technician as being able to produce the similar high and having similar scientific properties.

Overall, an analog can be anything containing similar chemical properties to another drug. For example, bath salts are commonly ingested or smoked with the purpose of experiencing a high. The chemical properties are similar to that of methamphetamine, cocaine, or MDMA. Another common example of an analog is synthetic marijuana. This drug has similar properties to organic marijuana and the THC contained therein. Analogs can also be prescription or illicit medications that have similar chemical properties. For example, substances such as oxycodone and the like produce the equivalent high of heroin. For many prescribed medications, there are illicit counterpart analogs as well.

One might wonder why anyone would choose an analog over the real drug. The answer may be as simple as the availability or cost of the intended drug such as cocaine, MDMA, or marijuana or the desperation of the individual ingesting the substance. Some may find it easier and more cost-effective to get the analog. And some who regularly sell or manufacture drugs can arrive at substantially similar alternatives to the drugs in demand by making analogs of these substances.

What Is the Sentence for Possessing CDS Analogs in NJ?

Unfortunately, the high or impact of the drugs can be unpredictable and cause health concerns, erratic behavior, and consequences of a conviction for a crime. No matter whether you possess the real thing or a controlled dangerous substance analog, you may find yourself facing drug charges if discovered by police without prescription authorization. The degree of the crime that you are charged with for possessing a CDS analog is wholly dependent on the substance itself and the amount of the substance. For example, a small amount of cocaine, MDMA, or heroin or any analog thereof is a third degree crime, whereas being caught with larger quantities can be charged as second or first degree crimes. Similarly, possessing any amount of synthetic marijuana is at least a fourth degree crime.

The degree of the charges is incredibly significant to your case, so understanding your drug charge in particular is critical. For third degree crimes, possession consistent with personal use, you face 3-5 years in prison. For crimes of possession consistent with drug distribution, you face as much as 20 years in prison (first degree). For second degree offenses, a state prison term of 5-10 years can be imposed. This starkly contrasts with the lowest level indictable offense, a fourth degree, for which the maximum time in state prison is limited to one and a half years.

Need a Local Middlesex Attorney for CDS Analog Possession Charge

If you have been charged with possession of a controlled dangerous substance or its analog, contact our local office in Middlesex County to speak with an aggressive defense attorney. Convictions for indictable crimes and charges for drugs more broadly can cause problems for you financially and personally. Going to jail for one line/bump of cocaine or for experimenting with bath salts is unwarranted and quite frankly, unnecessary. Do not waste anymore time thinking about what can happen to you. Take charge and call us today at (732)-659-9600. There is a no-cost, no-obligation consultation waiting at the end of the line.

With more than a decade of experience defending clients against criminal charges, founding partner William A. Proetta has successfully handled and tried thousands of cases, from DWI to murder. As a New Jersey native, he has focused his career on helping people in the area where he grew up, serving Middlesex, Ocean, Hudson, and Union counties.