Drug Possession

Drug Possession in New Jersey

Possession of illegal drugs is a criminal offense in New Jersey.   A conviction of any drug possession carries with it mandatory loss of drivers license and fines.  Depending on the defendant’s prior record, type of drug, and amount in possession, incarceration or jail can be likely.  New Jersey’s drug possession statute is N.J.S.A. 2C:35-10.  Any drug conviction carries with it a loss of drivers license for six months to two years.  Some defendants can avoid the penalties associate with a conviction with pre-trial intervention or a conditional discharge.

Amount of Possession

The statute makes possession of less than 50 grams of marijuana a disorderly persons offense. A conviction will carry with it a fine of up to $1,000.00, up to six months in the county jail, a $500.00 DEDR penalty, and other monetary penalties. Possession of more than 50 grams of marijuana is an indictable 4th degree offenses punishable by up to 18 months in prison and a fine of up to $15,000.00. For alternatives to prison sentences and loss of driver’s license read the section below on Alternative Sentencing. Click here to see the complete Drug Schedule.

Type of Drug

Marijuana It is a 4th degree offense if the quantity is less than 1 oz.  A conviction is punishable by up to 18 months in state prison and a fine of up to $15,000.00. It is a 3rd degree offense if the quantity is more than 1 oz. but less than 5 lbs.  A conviction is it is a 3rd degree offense punishable by up to 5 years in state prison and a fine of up to $25,000.00. It is a 2nd degree offense if the quantity is more than 5 lbs. but less than 25 lbs.  A conviction is punishable by up to 10 years in state prison and up to a $75,000.00 fine. It is a 1st degree offense if the quantity is more than 25 lbs.  A conviction is punishable by up to 20 years in state prison and a fine of up to $300,000.00. If convicted of possession of marijuana within 1000 feet of a school there is an additional sentence of at least 100 hours of community service. Heroin, Cocaine, or Methamphetamine It is a 3rd degree criminal offense if the quantity possessed is less than 1/2 oz.  A conviction is punishable by up to 5 years in state prison and up to a $75,000.00 fine. It is a 2nd degree criminal offense if the quantity is more than 1/2 oz. but less than 5 oz. A conviction is punishable by up to 10 years in state prison and a fine of up to $75,000.00. It is a 1st degree criminal offense if the quantity is greater than 5 oz. A conviction is punishable by up to 20 years in state prison with parole ineligibility for one-third to one-half of the sentence, and a fine of up to $500,000.00. LSD It is a 2nd degree offense if the quantity is less than 100 milligrams.   A conviction is punishable by up to 10 years in state prison and a fine of up to $75,000.00. It is a 1st degree offense if the quantity is more than 100 milligrams. A conviction is punishable by up to 20 years in state prison and a fine of up to $500,000.00. Don’t just plead guilty to Drug Possession in New Jersey and lose your driving privilege, pay a substantial fine, pay surcharges, and possible go to jail.  Instead, contact the Drug Possession defense lawyers at DeMichele & DeMichele.  Our lawyers have worked as municipal court prosecutors and public defenders in several South Jersey towns.  A confidential free consultation with an experienced Drug Possession attorney is just a call away (856) 546-1350.