Across the U.S. in 2018, there were an estimated 1.6 million drug-related crimes. Roughly 86% of these offenses were for possession of a controlled substance and 14% involved drug sales, manufacturing or distribution. In 2018, there were also more than 40,000 fatalities across the nation that were drug-related. New Jersey reported that an estimated 3,163 drug overdoses occurred in 2018.
Legislative Findings (2C:35-1.1)
Those who abuse, manufacture, or distribute controlled substances create a “serious and pervasive threat to the health, welfare, and safety” to New Jersey communities. There are also far too many drug-related crimes. The current laws seek to impose particularly rigid penalties on those offenders found to be operating in the distribution networks.
Possession of Drugs (2C:35-10)
It is a crime for an individual to knowingly have possession of a controlled substance (or its derivatives) unless it was prescribed by a licensed physician. The majority of the most dangerous drugs including heroin, cocaine, and any substance classified in Schedule I through IV are charged as third-degree offenses. Schedule V drugs are charged as fourth-degree offenses. Marijuana possession is a disorderly person offense unless the quantity exceeds 50 grams.
Manufacturing or Distributing (2C:35-5)
The law prohibits individuals from manufacturing, dispensing or selling controlled dangerous substances or their analogs. This also applies when an individual has control of the substance and intends to dispense, sell, etc. The severity of the crime is based on the type of controlled substance and the quantity possessed.
Heroin, Cocaine, and Methamphetamine
- Five ounces or more is a first-degree offense
- A quantity between a half-ounce and five ounces is a second-degree offense
- Less than a half-ounce is a third-degree offense
Schedule I or II Drugs
- One ounce or more is a second-degree offense
- Less than one ounce is a third-degree offense
LSD
- 100 milligrams or more is a first-degree offense
- Less than 100 milligrams is a second-degree offense
Marijuana
- 25 pounds or 50 plants or more is a first-degree offense
- A quantity between five pounds and 25 pounds or 10 to 50 plants is a second-degree offense
- A quantity between one ounce and five pounds is a third-degree offense
- A quantity between five grams and one ounce is a fourth-degree offense
|
Level of Offense |
Maximum Incarceration |
Maximum Fine |
|
First Offense |
10 to 20 years |
Up to $200,000 |
|
Second Degree |
5 to 10 years |
Up to $150,000 |
|
Third Degree |
3 to 5 years |
Up to $15,000 |
|
Fourth Degree |
18 months |
Up to $10,000 |
|
Disorderly Person Offense |
6 months |
Up to $1,000 |
Diversionary and Rehabilitative Programs (2C:35-14)
The law allows for those charged with drug-related crimes that have a “presumption of incarceration” or “minimum period of parole eligibility” to be placed on probation. The terms of the probation require the offender to submit to a substance abuse treatment program.
Burlington County Drug Court
The Drug Court in Burlington County's Superior Court was established in 2004. Participants receive treatment for substance abuse and are subject to probationary supervision for a period of up to five years.
Effective Legal Representation in New Jersey for Criminal Cases
A criminal conviction for a serious drug charge can have harsh long-term consequences. Attorney Joseph D. Lento represents clients in these matters using a comprehensive defense strategy. For a consultation, contact the office today at (888) 535-3686.
