Drug Charges in New Jersey

The country is currently smack dab in the middle of a drug epidemic. The rates of substance abuse and opioid addiction have reached an all-time high in New Jersey, prompting law enforcement to crack down on drug users.
If you are caught with any type of illegal or unprescribed drug or are linked to its sale or distribution, you may be exposed to some serious legal repercussions. Over time, the state's drug laws have grown increasingly severe. Just how severe a sentence can be hinged on many factors, creating the possibility of a wide range of potential consequences. For these reasons, it is incredibly important that you work with an experienced criminal defense attorney to maximize your chances of a favorable outcome.
To help you get a better understanding of the gravity of this predicament and what you should expect, attorney Joseph D. Lento and the Criminal Defense team at the Lento Law Firm will provide an overview of drug charges in New Jersey.

Drug Classifications

One of the main factors in determining the sentence for a drug crime in New Jersey is the drug classification. The Food and Drug Administration (FDA) has put controlled substances into certain classifications, referred to as schedules, based on the drug's perceived danger and a user's likelihood of abuse upon using it. Other attributes like health benefits and accessibility are also taken into account. Here's a closer look at the several schedules of controlled substances in the country.

Schedule I

Schedule I controlled substances have no acceptable medical benefits, and they have a very high risk for abuse. Some of these drugs include ecstasy, LSD, heroin, peyote, and marijuana. Even though recreational marijuana is legal in New Jersey in small amounts, its use and possession still violates federal law. Marijuana also remains on the Schedule I drug list despite its widespread legalization in the U.S. In January of 2023, President Biden directed the Attorney General and the Secretary of Health and Human Services to examine whether marijuana's classification should change.

Schedule II

Schedule II drugs have a high potential for abuse and can cause users to develop a severe physical or psychological dependence on the drug. But these drugs generally have legitimate medical use, and their use in treatment is only possible with severe restrictions. These drugs include methadone, Vicodin, morphine, and fentanyl.

Schedule III

The FDA declares Schedule III drugs to have less potential for abuse than Schedule I and II controlled substances. Users only gain moderate to low physical and mental dependence upon consuming these drugs. They have currently accepted medical use in treatment. These drugs include Tylenol with codeine, anabolic steroids, and ketamine.

Schedule IV

Schedule IV has a pretty low potential for abuse relative to higher scheduled controlled substances. But they can lead to limited physical and psychological dependence. Most of them are prescription drugs, so they're relatively safe when taken in moderation. These drugs include Xanax, barbiturates, and Valium.

Schedule V

Schedule V drugs have a very low potential for abuse. They have widely accepted medical use in treatment. Examples include codeine in lower doses, often used in cough syrup, Lyrica, and Parapectolin.

New Jersey Drug Laws and Penalties

FDA drug classification is a sizable portion of drug sentencing. Generally, the more dangerous the drug tends to be, the harsher the penalty is for being caught dealing with it. In the state of New Jersey, possessing and distributing controlled substances is illegal. However, marijuana, federally classified as a Schedule I drug, is legal in New Jersey in some cases.

Possession

Possession of less than an ounce of marijuana: Possession of less than one ounce of marijuana or five grams of hashish is now legal in New Jersey for adults over 21. For those under 21, possession and use crimes are now on par with a charge for minors in possession of alcohol.

Possession of more than an ounce of marijuana: In New Jersey, possession of small amounts of cannabis or hashish is now legal, but this doesn't mean that you won't be charged with possession of larger amounts. Being caught with more than an ounce of marijuana up to one pound, or five grams of hashish up to one pound, is a third-degree offense, punishable by up to 18 months in prison with a fine between $500 and $15,000 dollars. Possession of amounts in excess of one pound will lead to more serious charges.

Possession of narcotics/controlled substances: Possession of most illegal drugs in New Jersey is a third-degree offense. This applies to all schedule I, II, III, and IV drugs, as well as counterfeit drugs and closely matching substitutes known as analog. A conviction for a third-degree offense can lead to up to five years in prison and a fine ranging from $1,000 to $25,000.

Possession of drug paraphernalia: Drug paraphernalia is any equipment, product, or accessory used to make, use, or conceal drugs for recreational purposes. This crime is punishable by up to six months in prison and $500 to $1,000 fines.

Possession With Intent to Distribute

Possession with intent to distribute carries significant penalties that are only made more severe when the quantity of drugs distributed increases. The law addresses common drugs like heroin, cocaine, methamphetamine, and marijuana.

Distribution of marijuana:

• Less than one ounce: Possession and distribution of less than one ounce of cannabis and five grams of hashish are now legal in New Jersey.
• One ounce to less than five pounds: Up to five years in prison and fines of up to $25,000
• Five pounds to less than 25 pounds: Up to 10 years in prison and fines of up to $150,000
• 25 pounds or more: Up to 25 years in prison and fines of up to $300,000

Distribution of less than half an ounce of heroin, cocaine, and methamphetamine: Being caught with this quantity of heroin and cocaine is punishable by anywhere from three to five years in prison and up to $75,000 in fines. Distributors who are caught with meth will face up to five years in prison and also will pay up to $75,000 in fines.

Distribution of half an ounce to less than five ounces of heroin, cocaine, and methamphetamine: This criminal offense is punishable by a sentence of five to ten years in prison and up to a $150,000 fine.

Distribution of over five ounces of heroin, cocaine, and methamphetamine: Up to 25 years in prison and fines up to $500,000.

New Jersey Criminal Defense Attorney

Drug charges are taken very seriously in New Jersey. If you've been charged with such a crime, you should immediately contact an experienced legal professional. Attorney Joseph D. Lento has helped people in this predicament prevail in the courtroom, and he can do the same for you.

Call the Criminal Defense Team at the Lento Law Firm at 888-535-3686, or contact them online to schedule your consultation.