New Jersey's Substance Abuse Monitoring System reported that more than 89,000 individuals statewide were admitted to substance abuse treatment facilities in 2018. More than 7,400 of these individuals were Ocean County residents. Ocean County has been among the counties plagued with widespread drug-related crime. Law enforcement recently arrested a distributor with 90,000 doses of heroin, 20 pounds of cocaine, and assault weapons.
Legislative Intent (2C:35-1.1)
New Jersey legislators believe that people who abuse, manufacture, or distribute controlled substances create a “serious and pervasive threat to the health, welfare, and safety” to the community. Currently, these laws seek to impose particularly harsh penalties on those offenders found to be involved in the supply networks.
Possession of Drugs (2C:35-10)
It is unlawful for anyone to knowingly maintain possession of a controlled substance (or its derivatives) unless it was prescribed by a licensed physician. The most dangerous types of drugs including heroin, cocaine, and any substance classified in Schedule I through IV are charged as third-degree offenses. When Schedule V drugs are involved they are charged as fourth-degree offenses. Marijuana possession is a disorderly person offense as long as the quantity is fewer than 50 grams.
Drug Manufacturing or Distribution (2C:35-5)
It is unlawful for people to manufacture, dispense or sell controlled dangerous substances or their analogs. The same applies when an individual has control of the substance with intent to dispense, sell, etc. The severity of the offense varies based on the type of substance and the quantity in their possession.
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 |
Ocean County Drug Court
The Ocean Vicinage Drug Court program was established in 2002 as a diversionary program for nonviolent drug offenders. The program consists of four phases that span five years. It is described as a “collaborative relationship between criminal justice and drug treatment professionals.”
Legal Defense for Drug Charges in New Jersey
Being convicted of a drug-related crime may result in incarceration and adversely impact your long-term future goals. Joseph D. Lento is a defense attorney that protects the rights of those facing these types of allegations. Contact the office today at (888) 535-3686 for a case evaluation.
