New Jersey Drug Crime Attorney

Understanding New Jersey Drug Laws

New Jersey places controlled dangerous substances in five schedules:

• Schedule I – These drugs have a high potential for abuse and are generally not used to treat any medical condition. Heroin, methamphetamine, LSD/acid, and ecstasy/MDMA/molly are all Schedule I drugs.
• Schedule II – These drugs have a high potential for abuse but also have legitimate medical uses. Because many substances in Schedule II can lead to dependence, there are significant restrictions on the use of these drugs for treating medical conditions. Schedule II drugs include prescription medications like oxycodone/Percocet, hydrocodone/Vicodin, Methadone, morphine, Adderall, and Ritalin. Cocaine is also a Schedule II drug.
• Schedule III – While some Schedule III drugs have the potential to be abused, New Jersey deems that risk lower than with substances in Schedules I and II. These drugs include ketamine, steroids, and suboxone.
• Schedule IV – Common Schedule IV drugs, which have a lower potential for abuse than drugs in the preceding three categories, include benzodiazepines (Ativan, Klonopin, Xanax) and barbiturates.
• Schedule V – Drugs listed in Schedule V have the lowest potential for abuse of all scheduled drugs. These substances include up to 200 mg of codeine, up to 100 mg of opium, up to 50 mg of ethylmorphine, up to 100 mg of dihydrocodeine, and up to 2.5 mg of diphenoxylate.

Common Types of Drug Crime Cases We Handle

In New Jersey, drug offenses can be charged as indictable crimes (similar to felonies) or as disorderly persons offenses (which are akin to misdemeanors). Defendants who have been charged with a drug crime can be prosecuted by the state or by the federal government, depending on the specifics of the case.

At William Proetta Criminal Law, our New Jersey defense lawyers handle a wide variety of drug crime cases, including those involving:

Drug Possession

In New Jersey, it is illegal for any person to acquire or possess a controlled substance or a controlled substance analog (N.J.S.A. 2C:35-10). However, exceptions exist. If the drug was allegedly obtained via a prescription written by a medical provider, such as for opioids to treat pain, then possession could be lawful. However, it is unlawful to possess more than the prescribed amount or to have access to overlapping prescriptions.

Drug possession charges vary in severity based on the type and amount of drug the offender allegedly possessed. For example, possession of a Schedule I drug like heroin or LSD is charged as a third-degree felony. However, possession of one ounce or less of psilocybin is a disorderly persons offense, which carries a milder penalty.

Drug Distribution

Distributing drugs is also a crime in New Jersey (N.J.S.A. 2C:35-5). It is illegal for any person in the state to create, distribute, or dispense a controlled substance or a controlled substance analog. It is also a crime to possess a controlled substance or a controlled substance analog with the intent to dispense or distribute it to others. Likewise, it is illegal for anyone to create, distribute, or dispense counterfeit controlled substances.

Like drug possession, multiple factors play roles in determining drug distribution charges, including the amount the offender distributed or intended to distribute and the type of drug. Distributing illegal drugs often carries harsh prison sentences, particularly for hard drugs like heroin, cocaine, and methamphetamines.

Drug Use or Being Under the Influence

In New Jersey, it is against the law to use or be under the influence of any controlled dangerous substance or controlled substance analog unless it has been legally prescribed by a doctor as a method of treatment for an injury or illness (N.J.S.A. 2C:35-10b). Drug use and being under the influence is a disorderly persons offense in New Jersey.

Drug Paraphernalia

It is a crime to possess drug paraphernalia in New Jersey (N.J.S.A. 2C:36-2). Possession of drug paraphernalia is considered a disorderly persons offense. Common examples of drug paraphernalia include syringes and hypodermic needles, vials, and pipes. Many people who are charged with drug possession or distribution crimes also find themselves facing a related drug paraphernalia charge.

Drug Trafficking

Drug trafficking is one of the most serious drug-related crimes under New Jersey law (N.J.S.A. 2C:35-3). This offense is technically referred to as “Leader of Narcotics Trafficking Network” and is a crime of the first degree that carries a maximum sentence of life in prison. To secure a conviction, the prosecution must be able to prove that at least two people conspired to create, distribute, or dispense certain drugs (such as heroin and cocaine). The prosecution also has to show that the defendant financed, organized, supervised, and/or managed at least one other individual and that the defendant was a major authority figure in the operation.