Scheduled Drugs & Narcotics under New Jersey Law
Certain drugs and compounds are categorized as a “controlled dangerous substance,” under New Jersey law. When a drug is classified as a controlled substance, or CDS, it cannot be possessed, sold or distributed except as provided by law. Drugs are deemed CDS when they are susceptible to abuse, thereby warranting regulation by the state of New Jersey and law enforcement.
If you have questions regarding CDS criminal charges, an attorney at the Law Offices of Jonathan F. Marshall is available to answer your questions immediately at 1-877-328-0980. Our N.J. criminal defense attorneys will talk straight with you about your legal options if you or your family member is facing drug charges in New Jersey. We have one of New Jersey’s most seasoned criminal defense firms with seven lawyers and nine offices across the state. Our legal team includes former prosecutors and public defenders who have more than 100 years of combined legal experience including extensive jury trial experience. Our attorneys know firsthand how the state will present its case against you. We have the resources and commitment to seek the best available outcome if you or your loved one is facing any type of controlled substance charge in Monmouth County, Union County, Middlesex County, Mercer County, Ocean County, Essex County, Hudson County, Morris County or elsewhere in New Jersey.
Contact us today to set up a free initial consultation and to begin the work necessary to protect you from the serious consequences of a New Jersey drug crime conviction. Our attorneys have decades of experience defending individuals facing CDS charges.
Drug Schedules in NJ
A controlled dangerous substance is a drug that has been classified under New Jersey law in one of five (5) schedules. These schedules coincide with the perceived potential for abuse of the related drugs.
The five (5) drug schedules are set forth under New Jersey criminal statutes. Our lawyers have provided this information for your general assistance and we hope it is of value to you. It is important to have a basic understanding of the CDS drug schedules if you or your loved one is facing criminal charges for possession or distribution. You may also consult Drug Offenses for a comprehensive list of all categories of drug charges discussed within this site.
Controlled Dangerous Substance (CDS) NJ Schedules:
Schedule I
Drugs classified as Schedule I controlled substances in New Jersey are the most dangerous types of drugs with no legitimate medical use and a high potential for abuse and development of severe dependence. The schedule includes drugs such as heroin, mescaline, peyote, and lysergic acid diethylamide (LSD). Possession of certain dangerous drugs such as heroin and cocaine is charged as a felony. You will need to have a skilled N.J. criminal defense attorney representing you.
Schedule II
Schedule II drugs include those found to have currently accepted medical use, but also have high potential for abuse, which may lead to physical dependence or severe psychic dependence. The list of Schedule II CDS includes certain types of prescription drugs such as opiates, oxycodone, methadone and fentanyl.
Schedule III
Schedule III drugs include prescription drugs that have accepted medical uses, but that have potential for abuse such as amphetamines, methamphetamines and ritalin. If abused, the substances may lead to low-grade physical dependence or high psychological dependence.
Schedule IV
Controlled substances categorized as Schedule IV drugs have currently accepted medical purposes in the United States and have low potential for abuse compared to substances listed in Schedule III. The substances, such as depressants and hypnotics including xanax, valium, klonopin and ambien, may cause limited physical dependence or psychological dependence if abused.
Schedule V
Substances listed in Schedule V have currently accepted medical uses, low potential for abuse and cause limited physical dependence or psychological dependence, compared with drugs in Schedule IV.
Schedule V drugs include substances and compounds sold over the counter containing limited quantities of narcotic drugs such as:
- Less than 200 milligrams of codeine
- Less than 100 milligrams of dihydrocodeine
- Less than 100 milligrams of ethylmorphine
- Less than 2.5 milligrams diphenoxylate
- Less than 100 milligrams of opium
How Are the Drug Schedules Determined?
The law authorizes the Commissioner of the NJ Department of Health to determine when or if something is a controlled dangerous substance. The drugs listed in the aforementioned schedules already bear the label of “CDS;” however, the Commission may add to the list from time to time.
In making the determination to add a substance, the commissioner is to consider:
- The actual and/or potential for abuse of the substance;
- The effect that the item has on the human body;
- The scientific data regarding the compound;
- The historical pattern of abuse, if any, that has been shown;
- The level of abuse within the community;
- The impact of the substance on public health;
- Whether there is any addictive character; and
- Whether the substance is a precursor to another drug already classified as CDS.
A detailed review of the law concerning particular drug charges can be found on our Drug Possession and Drug Distribution pages. You may also contact one of our attorneys directly at 1-877-328-0980 for an immediate consultation.
What Do CDS Schedules Mean?
Certain drugs and compounds are categorized as controlled substances under New Jersey law and federal law.
These drugs are divided into five lists or schedules, based on multiple factors including their currently accepted medical use, their potential for abuse and their potential for causing addiction if abused. Schedule I drugs are the most dangerous, while Schedule V are the least dangerous.
If you are arrested for possessing, selling or manufacturing controlled substances, you can be prosecuted under both New Jersey law and federal law. Most charges involving CDS possession are covered by the N.J. Code of Criminal Justice Section 2C:35-10. With some exceptions, a drug charge for possession or distribution of a controlled substance is typically a felony in New Jersey. To gain a conviction for CDS possession, the prosecutor must prove that you had physical possession or constructive possession of a drug or substance listed on one of the five schedules.
Anyone who violates New Jersey law by possessing a CDS classified in Schedule I, Schedule II, Schedule III or Schedule IV is guilty of a third-degree crime and may be fined up to $35,000. However, possession of more than 50 grams of marijuana or more than 5 grams of hashish is treated as a fourth-degree crime and is punishable by a fine of $25,000.
Anyone who violates New Jersey law by possessing a Schedule V controlled substance is guilty of a fourth-degree crime and may face a fine of up to $15,000.
The penalties for conviction of the drug charges can be more or less severe based on the schedule of the controlled dangerous substance.
The attorneys at the Law Offices of Jonathan F. Marshall defend individuals facing CDS charges ranging from possession of small quantities of marijuana to serious drug distribution and trafficking charges. Our attorneys have more than 100 years of experience and have handled just about every type of drug charge. We know what works and what does not in presenting a strong defense against drug charges.
You have constitutional protections against unreasonable search and seizure. If the police conducted an illegal search of your car, apartment or house to find drugs, our skilled defense attorney will challenge the police conduct in an effort to have the evidence dismissed and the arrested invalidated.
If our efforts to have the charges dismissed or reach an acceptable plea agreement, we have the courtroom experience to present a successful defense in a jury trial.
To learn more about how we can assist you, contact our attorneys anytime 24/7. A conviction of possession of a controlled substance will leave you with a criminal record and make it harder to get employment. You want to avoid a drug conviction if at all possible. It is in your best interest to consult with an experienced CDS defense attorney.
