Across New Jersey, agencies of law enforcement continue to combat drug-related crime. Another ongoing problem has been drug-related fatalities, as an estimated 3,021 overdose deaths occurred statewide in 2019. The Attorney General has been actively working with local law enforcement to expand drug diversion programs.
Controlled Substances and the Justice System
A controlled dangerous substance includes those drugs or precursors classified in Schedules I, II, III, IV, or V. In 1986, New Jersey's Comprehensive Drug Reform Act was enacted with strict penalties. Soon, there was a high rate of drug-related crime, arrests, and a significant number of incarcerated offenders.
The costs of incarcerating drug offenders became very high and recidivism continued. Thus far, drug court treatment programs have proven to be very effective. The results have shown to reduce chemical dependency, crime, costs, and restore lives.
Possession of Drugs (2C:35-10)
More stringent penalties apply based on the classification of the drug and the quantity (amount) that is involved. Possession of prescription medications that were not prescribed by a doctor is also illegal. The following is a summary of the New Jersey drug possession laws:
- Heroin, cocaine, and Schedule I, II, III, IV drugs are charged as third-degree offenses
- Schedule V drugs are charged as fourth-degree offenses
- 50 or more grams of marijuana or five or more grams of hashish is charged as a fourth-degree offense
- Less than 50 grams of marijuana or fewer than five grams of hashish is a disorderly person offense
Manufacturing or Distribution of Drugs (2C-35-5)
These crimes increase in severity when they involve creating, manufacturing, intending to deliver, distributing, etc.
|
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 |
- First Degree: 10 to 20 years of imprisonment and a maximum $200,000 fine
- Second Degree: 5 to 10 years of imprisonment and a maximum $150,000 fine
- Third Degree: 3 to 5 years of imprisonment and a maximum $15,000 fine
- Fourth Degree: Up to 18 months of imprisonment and a maximum $10,000 fine
- Disorderly Person Offense: 6 months in jail and a maximum $1,000 fine
New Jersey Rehabilitation Program for Drug & Alcohol Offenders (2C:35-14)
Legislators implemented a special probation alternative for certain criminal offenders. The individual must initially undergo a “professional diagnostic assessment” and be deemed as drug or alcohol dependent when the crime was committed. The person must also have either been under the influence at the time of committing the offense to support their drug or alcohol habit.
Those who possessed a firearm at the time of the offense or those deemed as a “danger to the community” are not eligible. This includes those with past convictions or pending charges for serious violent offenses. A treatment center that is licensed and state-approved must agree to accept the individual.
Atlantic County Criminal Court System
Criminal matters in Atlantic County and Cape May County are merged as Vicinage 1 of the New Jersey Superior Court. In 2014, the Atlantic/Cape May County Courts began a mandatory drug court program for offenders. This program follows a state-based model.
Drug Court Overview
County-level drug court programs are designed for non-violent offenders with moderate to serious substance abuse problems. The programs have four distinct phases that take at least two years to complete. The initial phase involves court-supervised probation, intensive treatment, mandatory reporting, and drug testing. As the individual makes progress, the requirements decrease.
Experienced Defense Attorney for Drug-Related Offenses
Prosecutors in today's court system may impose lengthy sentences on those convicted of drug offenses. Joseph D. Lento is an experienced criminal defense attorney that provides aggressive defense for clients throughout New Jersey. Contact the office today for a consultation at (888) 535-3686.
