Have New Jersey prosecutors charged you with possession of controlled dangerous substances (CDS)?
Drug possession charges can carry serious consequences, including potential prison time and substantial fines, while the stigma of a criminal record with a drug conviction can negatively affect your future opportunities. You need a seasoned legal team who can investigate your case, identify potential defense strategies, and protect your interests in New Jersey’s criminal justice system.
Contact the Law Offices of Jonathan F. Marshall today for a free case review to discuss your charges with an experienced criminal defense attorney.
What Is Possession of CDS in New Jersey?
Under N.J.S.A. 2C:35-10, it can be a crime when a person possesses a controlled dangerous substance without a valid prescription. Controlled dangerous substances include the drugs listed in New Jersey’s Schedules of Controlled Dangerous Substances.
New Jersey classifies drugs into five schedules based on a drug’s risk of addiction or abuse and whether a drug has accepted medical uses. Schedule I controlled dangerous substances include drugs with the highest risk of abuse and no accepted medical uses, while Schedule V substances have limited quantities of narcotics with a low risk of abuse.
What Are the Elements of CDS Possession?
A person may be found guilty of unlawful possession of a controlled dangerous substance if they:
- Knowingly or purposely
- Actually or constructively possess or obtain
- A controlled dangerous substance
To secure a conviction for unlawful possession of CDS, a New Jersey prosecutor must prove each of these elements beyond a reasonable doubt.
What Drugs Can Lead to a CDS Possession Charge?
Any drug listed on New Jersey’s Schedules of Controlled Dangerous Substances can lead to a charge of unlawful possession if a person obtains or possesses the drug without a valid prescription. CDS possession charges frequently involve drugs such as:
- Cocaine
- Heroin
- Fentanyl
- Ecstasy (MDMA)
- Methamphetamine
- PCP
- Psilocybin
- LSD
- Oxycodone
- Morphine
- Ketamine
- Valium
- Xanax
- Methadone
- Suboxone (naloxone/buprenorphine)
- Amphetamine
- Percocet
- Peyote
Is Marijuana a CDS in New Jersey?
Under N.J.S.A. 2C:35-2, marijuana remains a controlled dangerous substance despite the state legalizing possession of recreational and medical marijuana by adults. New Jersey’s marijuana laws permit adults 21 and older to possess up to 6 ounces of cannabis or cannabis products and 17 grams of hashish. Possession of a greater quantity of marijuana constitutes criminal possession of CDS, potentially leading to charges for a fourth-degree crime.
What Are the Degrees of CDS Possession in New Jersey?
The degree of charges for illegal possession of a controlled dangerous substance will depend on the nature of the drug:
- Schedules I through IV drugs – Third-degree crime
- Schedule V drugs – Fourth-degree crime
- Unlawful quantities of marijuana or hashish – Fourth-degree crime
- One ounce or less of psilocybin – Disorderly persons offense
What Are the Penalties for CDS Possession?
Under the New Jersey CDS possession statute, the penalties for a conviction may depend on the offense’s grade. Sentences for illegal drug possession can include:
- Third-degree crime – 3 to 5 years in prison and a fine of up to $35,000
- Fourth-degree crime – Up to 18 months in prison and a fine of up to $15,000 for possession of a Schedule V CDS or $25,000 for possession of marijuana
- Disorderly persons offense – Up to 6 months in jail and a fine of $1,000
Courts can also order someone convicted of unlawful possession of CDS to complete recovery programs or pay various court fees.
Defenses to Possession of CDS Charges
Depending on the facts and circumstances of a CDS case, a defendant facing prosecution for a possession charge may have defenses they can raise to seek a plea deal, dismissal, or acquittal. Some of the most common defense strategies our experienced attorneys use to fight a drug possession conviction in New Jersey include:
- Lack of intent – Under the CDS possession statute, you must have knowingly or purposely possessed unlawful controlled dangerous substances. Your attorneys may argue that you lacked the required intent or knowledge to commit a CDS possession
- Lack of possession – Your defense attorney may challenge the element of possession, arguing you didn’t have it in your actual possession (you knew about it and it was on your person) or constructive possession (you knew about it and had control). For instance, you might have been unaware that someone else in the car had drugs.
- Lawful possession – If you’re facing a CDS possession charge for a prescribed drug, your lawyer may be able to present evidence that you held a valid prescription for the drug involved.
- Unlawful search – We often try to exclude evidence of drugs from the state’s case by arguing that police found them in an illegal search. Our drug crime attorneys may question whether officers had probable cause to obtain a valid search warrant or conduct a warrantless search.
- Failure to identify substance – In some cases, the prosecution lacks sufficient evidence to establish that the substance qualifies as a CDS. We may point out that there was no chemical testing or highlight potential issues that may undermine the reliability of any results, such as breaks in the chain of custody.
Why Hire a New Jersey CDS Defense Attorney?
Police and prosecutors in New Jersey treat drug offenses seriously. Hiring a criminal defense attorney at the Law Offices of Jonathan F. Marshall may prove essential when you’re seeking a favorable resolution to a drug possession charge.
Our New Jersey CDS possession defense attorneys have the knowledge and experience to investigate your case and build effective defense strategies based on the facts and circumstances. We can start by explaining your charges and advising you on potential outcomes so you can make informed decisions at each stage of the prosecution. Your lawyer can also protect your rights during a drug possession case, including challenging evidence that police may have obtained through an unlawful search.
If you choose to take your CDS possession charge to trial, our seasoned defense attorneys have the skills to advocate for you and fight for the best possible outcome given the circumstances.
Call Our New Jersey Defense Lawyers Today
If you’ve been arrested for possessing controlled dangerous substances, you’re probably worried about how criminal charges or a conviction may affect your freedom and future. Let our trusted legal team explain what’s happening and help you through the next steps.
At the Law Offices of Jonathan F. Marshall, we have 20 attorneys on staff with over 250 years of combined legal experience in New Jersey law and a track record of success. For example, we got a client’s third-degree CDS distribution charge downgraded to drug paraphernalia possession and dismissed. Although our past results do not guarantee future success, they demonstrate our dedication to helping clients pursue the best possible outcomes in their criminal cases under the circumstances.
Our firm focuses exclusively on criminal defense, allowing us to develop extensive knowledge and skill in this area of law. Many of our lawyers have served as county and municipal court prosecutors, giving us unique insight into how the state builds criminal cases, which we now use to develop tailored defense strategies for our clients.
As one client wrote of their experience using our legal representation:
“My son was arrested on serious drug charges. I did my research and decided to retain Jonathan after much time and effort. As it turned out, I could not have made a sounder decision…We are happy to say that our son has avoided jail and many of the severe penalties that seemed almost inevitable.” – Fred
Contact the Law Offices of Jonathan F. Marshall today for a free consultation with a knowledgeable New Jersey drug possession lawyer to learn how we can help you prepare and pursue a robust defense to your charges.
