Across New Jersey in 2018, approximately 3,100 drug overdose fatalities occurred. There were an estimated 221 such fatalities among residents of Monmouth County. Drug problems statewide are also a leading cause of crime, which includes many various violent criminal offenses.
The New Jersey Controlled Substances Act outlines the drug laws and criminal procedural and sentencing guidelines. Controlled dangerous substances are those that are formally classified in Schedule I, II, III, IV, and V. These also include the various “street” drugs such as cocaine, LSD, and ecstasy.
Drug Possession
Possession of drugs is a criminal offense that involves a controlled dangerous substance that was not prescribed by a physician. The penalties for possession are based on the classification of the drug and the quantity involved. For example, drugs including heroin, cocaine, and others in Schedule I through IV are charged as third-degree offenses. Drugs classified as Schedule V or marijuana in a quantity of fewer than 50 grams is charged as a fourth-degree offense.
Drug Manufacturing or Distribution
The law prohibits the manufacturing, dispensing or selling of controlled dangerous substances or their analogs. In terms of distribution, the offense may occur by having possession with intent to distribute. These crimes are charged at different levels based on the type of controlled substance and the quantity possessed. 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 |
“Special Probation” Provisions in New Jersey Law
The legislators have established provisions that allow certain offenders with substance abuse problems to be transitioned to a “special probation” diversionary program. Offenders must initially undergo a “professional diagnostic assessment” and be deemed as dependent on drugs or alcohol. Those who qualify will participate in an intensive program of rehabilitation.
Summary of Penalties
- 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
Monmouth County Drug Court
Monmouth County was among the first counties in the state to establish a Drug Court program. Drug offenders are subject to screening and evaluation to determine if they have a substance abuse problem. The program uses a model that consists of four phases. Recent data suggests that the Drug Court decreases recidivism by as much as 26%.
Seasoned Defense Attorney for Drug-Related Criminal Cases
Have you been arrested and charged with a drug-related criminal offense in New Jersey? The Lento Law Firm provides aggressive legal representation for clients that deliver positive outcomes. Please contact the office at (888) 535-3686 for a consultation.
