New Jersey continues to struggle with drug-related problems. The Department of Human Services reported that there were more than 89,000 individuals admitted to treatment programs for substance abuse in 2018. Illegal drugs are also among the leading factors associated with criminal activity.
Primarily Abused Drugs in Camden County
Alcohol |
Cocaine/Crack |
Heroin |
Other Opiates |
Marijuana |
Other |
Unknown |
21% |
6% |
44% |
8.5% |
14% |
4.8% |
1% |
Possession of Drugs (2C:35-10)
It is unlawful to possess a controlled dangerous substance unless it was prescribed by a physician. These are all substances classified in Schedule I, II, III, IV, and V, which encompasses “street drugs” such as methamphetamine, cocaine, etc.
The penalties for possession vary in severity based on the classification of the substance and the quantity possessed. The following is a summary of the penalties for drug possession:
- Third degree: Heroin, cocaine, and Schedule I through IV
- Fourth degree: Schedule V drugs
- Fourth degree: 50 or more grams of marijuana or five or more grams of hashish
- Disorderly person offense: Less than 50 grams of marijuana or fewer than five grams of hashish
Drug Manufacturing or Distribution (2C-35-5)
It is also unlawful to manufacture and/or have the intent to deliver controlled substances. The following chart outlines the penalties.
1st Degree |
2nd Degree |
3rd Degree |
4th Degree |
|
Heroin or Cocaine |
5 oz + |
½ oz to 5 oz |
Less than ½ oz |
- |
Schedule I or II |
- |
1 oz + |
Less than 1 oz |
- |
LSD |
100 mg + |
Less than 100 mg |
- |
- |
Methamphetamine |
5 ounces + |
½ ounce to 5 oz |
Less than ½ oz |
|
Marijuana |
25 lbs or 50+ plants |
5 to 25 lbs or 10 to 50 plants |
1 oz to 5 lbs |
Less than 1 oz |
Understanding Drug Paraphernalia
It is also unlawful to possess, manufacture or distribute drug paraphernalia. Many items may be classified as drug paraphernalia. The term refers to any “equipment, products, and materials” used in conjunction with a controlled dangerous substance.
Examples may include those used to cultivate, harvest, produce, package, ingest, and more. Possession of drug paraphernalia is charged as a disorderly person offense; however, it is a fourth-degree offense when there is intent to manufacture or distribute.
Potential Terms of Imprisonment
A first-degree offense is punishable by 10 to 20 years. A second-degree offense is punishable by five to 10 years. A third-degree offense is punishable by three to five years. A fourth-degree offense may be punishable by up to 18 months. It is unlikely that a disorderly person offense will result in incarceration, but up to six months is possible.
Camden County Drug Court
The Drug Court in Camden County was established in 1996. It uses a statewide model that employs substance abuse evaluators (SAEs). The program is designed for nonviolent offenders that are struggling with substance abuse.
Experienced Criminal Defense Attorney in New Jersey
Those charged with serious drug-related crimes may potentially face a lengthy prison sentence, large fines, and other penalties. Joseph D. Lento is an attorney with many years of experience in defending these and related criminal allegations. Make the call to (888) 535-3686 today for a consultation.