Sale or Possession of a Controlled Substance in NJ
By Davis Law Firm | April 25, 2023
New Jersey has strict laws regulating the sale or possession of controlled substances. A controlled substance is any drug that is listed on the state’s Schedules I through V. Based on how likely they are to be abused and what accepted medical uses they have, these substances are put into one of the following five schedules:
- Schedule I: These substances have a high potential for abuse, no accepted medical use, and a lack of safety measures for use, even under medical supervision. Examples include heroin, LSD, marijuana, and ecstasy.
- Schedule II: These substances also have a high potential for abuse but have some accepted medical uses with severe restrictions. Examples include cocaine, fentanyl, methamphetamine, and oxycodone.
- Schedule III: These substances have less potential for abuse than Schedule I and II substances, but still have some potential for addiction. They have accepted medical uses, with some restrictions. Examples include anabolic steroids, codeine, and ketamine.
- Schedule IV: These substances have a lower potential for abuse than Schedule III substances and have an accepted medical use. Examples include alprazolam (Xanax), clonazepam (Klonopin), and diazepam (Valium).
- Schedule V: These substances have a lower potential for abuse than Schedule IV substances and are commonly used for medical purposes. Examples include cough suppressants with codeine and antidiarrheal medications containing loperamide.
Some of the defenses that may be available in drug cases include:
- Illegal Search and Seizure
If the police conducted an illegal search or seizure of your property, any evidence they obtained may be inadmissible in court.
- Lack of Knowledge
If you were unaware that the substance you possessed or sold was a controlled substance, you may have a viable defense.
- Lack of Possession
You may be able to argue that you were not in actual possession of the controlled substance in question.
If you were coerced or induced into committing a drug-related offense by law enforcement officials, you may be able to argue entrapment as a defense.
- Constitutional Violations
If your constitutional rights were violated during the course of your arrest or prosecution, such as your right to an attorney or your right to remain silent, your attorney may be able to use these violations as a defense.
Under New Jersey law, it is against the law to sell, distribute, or possess any controlled substance with the intent to distribute. Penalties for these crimes depend on several factors, including the type and amount of the drug involved, the defendant’s criminal history, and the circumstances surrounding the offense.
If you’re caught selling or distributing a controlled substance, you could face severe penalties, including hefty fines and lengthy prison sentences. Even the possession of a small amount of a controlled substance can lead to significant legal consequences.
In NJ, a conviction for possessing more than 6 oz of marijuana is a crime and can result in a maximum fine of $25,000 and up to 1.5 years in jail. Possession of other controlled substances like cocaine or heroin, can result in much harsher penalties, including steep fines and a potential prison sentence of up to 20 years.
Contact an Experienced Hamilton Drug Defense Attorney About Your Drug Crime Charges in New Jersey
If you’re facing charges related to the sale or possession of a controlled substance in New Jersey, it’s crucial to have a skilled criminal defense attorney who can help you navigate the complex legal system and build a strong defense on your behalf. At Davis Law Firm, LLC, we understand the seriousness of drug-related charges and the impact they can have on your life. Our attorneys have a deep understanding of NJ drug laws and a proven track record of success in drug cases. We’ll work tirelessly to protect your rights, build a strong defense, and achieve the best possible outcome in your case. At Davis Law Firm, LLC, we represent clients who have been charged with use, possession, production, distribution, and related drug offenses throughout New Jersey. Contact us today to schedule a free consultation and learn more about how we can help.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.