What’s The Penalty For Possession Of Controlled Dangerous Substance (“CDS”) (N.J.S.A. 2C:35-10) In New Jersey?

Experienced Possession Of Controlled Dangerous Substance Defense Lawyer In New Jersey

New Jersey describes drugs as “Controlled Dangerous Substances” (CDS), but it doesn’t treat all Possession of Controlled Dangerous Substance (N.J.S.A. 2C:35-10) charges equally.

Depending on the type of drug, the quantity of drug, and the circumstances of the arrest, you may be charged with a Disorderly Person offense, or an indictable crime of the Fourth Degree or Third Degree.

In general, the statute breaks down penalties this way:

• Disorderly Person Offenses: You can be charged as a Disorderly Person if you are arrested or ticketed for being under the influence of a controlled dangerous substance or its analog, except as lawfully prescribed by a physician. Possession of Marijuana under 50 grams, and of Hashish under 5 grams, is also a Disorderly Person offense. Conviction can result in a six month jail sentence and fines up to $1000.
• Fourth Degree Crime: You can be charged with a Fourth Degree Crime under N.J.S.A. 2C:35-10 if you are found in possession of Marijuana in an amount over 50 grams, or Hashish over 5 grams, or if you are caught in possession of Schedule V controlled dangerous substances. Conviction on Fourth Degree Possession of CDS charges can result in an 18 month sentence.
• Third Degree Crime: Possession of drugs scheduled as I, II, III, or IV will be prosecuted as Third Degree crimes, and conviction can result in a 3-5 year sentence.

It is vital that you work with an experienced New Jersey possession of controlled dangerous substance attorney any time you’re facing drug charges.

Matthew Reisig has successfully defended clients throughout New Jersey who were facing prosecution under 2C:35-10.

If you or a loved one are facing possession of controlled dangerous substance charges, call 732-625-9661 today for a free consultation.