Possession Charges

In New Jersey, the penalties for possession of a controlled substance (drugs) vary according to the type of drug and the amount of the drug in your possession.  New Jersey’s drug possession laws are severe.

  • For Possession of Less Than 50 Grams of Marijuana, under N.J.S.A. 2C:35-10A(4), an individual can face a disorderly persons offense, which carries up to 6 months in prison, a fine of $1,000, loss of driver’s license, and drug rehabilitation.  For Possession of More Than 50 Grams of Marijuana, the individual can face an indictable fourth-degree criminal offense, which is punishable by up to 18 months in prison and a fine of up to $15,000.
  • For Possession of Narcotics or Controlled Dangerous Substances, under N.J.S.A. 2C:35-10, which includes cocaine, heroin, methamphetamine, acid, ecstasy, GBH, and all other illegal narcotics, stimulants, hallucinogens, opiates, or depressants, an individual can face three to five years in prison, a fine of $1,000 to $25,000, loss of driver’s license, mandatory drug education and rehabilitation programs.
  • An individual can be charged with a crime if they are in Possession of Drug Paraphernalia.  An individual charged with possession drug paraphernalia under N.J.S.A. 2C:36-2 can face up to six months in prison, a fine of $500 to $1,000, and suspension of their driver’s license for up to two years.
  • An individual charged with Simple Possession of Unauthorized Prescription Drugs can be charged with a third-degree indictable offense, with maximum penalties of up to five years in prison and substantial fines.

Manufacture, Distribution, and Possession With Intent to Distribute Charges

New Jersey’s law regarding drug manufacturing, distributing, or possessing with intent to distribute is found in N.J.S.A. 2C:35-5.  These charges carry stiff penalties.

For Marijuana, an individual can be charged with a first, second, third, or fourth degree indictable offense, depending on the quantity of the substance.

  • If the quantity if less than one ounce, it is a Fourth-Degree Offense.
  • If the quantity is more than one ounce but less than five pounds, it is a Third-Degree Offense.
  • If the quantity if more than five pounds but less than 25 pounds, it is a Second-Degree Offense.
  • If the quantity is more than 25 pounds, it is a First-Degree Offense.

For Heroin or Cocaine, an individual can be charged with a first, second, or third degree indictable offense. For more information on possession and distribution of herion, click here.

  • If the quantity involved is less than ½ an ounce, it is a Third-Degree Crime.
  • If the quantity is more than ½ an ounce but less than five ounces, it is a Second-Degree Crime.
  • If the quantity is more than five ounces, it is a First-Degree Crime.

For Psilocybin/LSD, an individual can be charged with a second or first degree crime.

  • If the quantity involved is less than 100 milligrams, it is a Second-Degree Crime.
  • If the quantity involved is more than 100 milligrams it is a First-Degree Offense.

The attorneys at the Law Office of Randolph H. Wolf have been representing individuals charged with various drug charges for over 25 years.  Our number goal is to make sure that you do not acquire a criminal record as a result of a drug charge. We will review the facts of your case to determine whether the search was valid and whether a motion to suppress any and all evidence that was unlawfully obtained can be filed.  We also review the facts of your case to determine whether you were properly given your Miranda rights upon being subject to questioning.

We defend drug cases by getting your drug charges dismissed entirely or negotiating for a favorable plea bargain.  We also defend drug cases by working to win at trial or successfully entering an individual into an Alternative Sentencing Program, such as Conditional Discharge or Pretrial Intervention.

We have been successfully in getting many drug-related charges dropped after an investigation, usually due to evidence that was obtained illegally, insufficient evidence provided by the prosecution, or failure by the prosecutor to prove all elements of the crime.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Sitemap ]