Area of Practice: Drug Possession

In New Jersey, the crime of possession of controlled dangerous substances is primarily dealt with in N.J.S.A. 2C:35-10. Under this statute, it is a crime to knowingly or purposely obtain or possess (actively or constructively) a controlled dangerous substance unless the controlled dangerous substance was obtained pursuant to a valid prescription. If the controlled dangerous substance is listed as a Schedule I (e.g., heroin, LSD, ecstasy), Schedule II (e.g., cocaine, codeine, hydrocodone, methadone, methamphetamine, morphine, percocet), Schedule III (e.g. steroids, special K), or Schedule IV (xanax, valium, ambien) controlled dangerous substance, its possession constitutes a third degree crime. Possession of a drug classified in Schedule V is a fourth degree crime. Possession of more than 50 grams of marijuana is also a fourth degree crime, and possession of 50 grams or less of marijuana is a disorderly person's offense. In addition, anyone found in possession of marijuana while operating a motor vehicle faces a mandatory loss of license for two years under N.J.S.A. 39:4-49.1.

A conviction for possession of a controlled dangerous substance, in addition to the usual penalties for the particular grade of crime, also carries enhanced monetary fines (up to $35,000 for a third degree, up to $15,000 for a fourth degree, and up to $25,000 for possession of more than 50 grams of marijuana). A criminal conviction for drug possession in New Jersey carries very serious consequences. If you are charged with this offense, please contact the Law Offices of Bhalla & Cho, LLC for a free phone consultation.