Drug Possession Charge in New Jersey: Penalties and Defense

New Jersey has some of the toughest laws on drug possession, use, and distribution.  While some other states are softening their stance on drugs, New Jersey refuses to do so.   As a result, those found in possession of illegal drugs may face criminal charges, fines, and/or jail.  A conviction could affect the rest of their lives.  Anyone charged with drug crimes should call an attorney and learn their options for fighting the charges or negotiating a plea for a lesser charge as soon as possible.

Determining Drug Charges

The penalties for possession of drugs varies depending on the type and amount of drugs found in ones possession.  These charges can be heard in either Municipal or Superior Court depending on the type and quantity.  The resulting charges can vary from possession, possession with intent to distribute, distribution, or trafficking.  There are certain drugs that draw harsher penalties no matter what the quantities.  Those drugs include methamphetamine, heroin, and crack.  Marijuana, on the other hand, is considered less dangerous and usually results in a lesser charge if in possession of less than 50 grams.

Possession Penalties

The penalties for possession of various drugs depends on the type of drug and the quantity of the drug found on a person.  Depending on the degree of the crime of the crime charged the following penalties generally apply:

• 1st Degree – Term of imprisonment for a period of 10 years to 20 years.  Fines not to exceed $200,000.00.
• 2nd Degree - Term of imprisonment for a period of 5 years to 10 years.  Fines not to exceed $150,000.00.
• 3rd Degree - Term of imprisonment for a period of 3 years to 5 years.  Fines not to exceed $15,000.00.
• 4th Degree - Term of imprisonment for a period not to exceed 18 months.  Fines not to exceed $10,000.00.
• Disorderly persons offense – Term of imprisonment for a period not to exceed 6 months.  Fines not to exceed $1000.00.

Additional Penalties

In addition to the standard penalties for possession of illegal drugs, there are additional penalties for possession in certain locations.  If a person is found in possession of drugs within 1,000 feet of an elementary or secondary school zone, their penalties can be increased up to $150,000 and their jail terms can be extended and will include a mandatory period without parole.

In addition, anyone found guilty of drug possession faces losing their driving privileges or having them postponed for a mandatory period of not less than 6 months or more than 2 years.

Conviction for use or possession of drug paraphernalia can result in mandatory fines of up to $1,000, a mandatory loss of driving privileges for up to 2 years and 6 months in jail.

Conclusion

New Jersey has stiff penalties for drug possession, with even tougher penalties for those who possess large quantities with the intent to distribute those drugs.  It is important to obey the law by avoiding drugs.  However, anyone who is arrested and charged with any drug offense should consult an experienced criminal defense attorney to protect your rights.  An attorney can determine if there are mitigating circumstances and/or grounds to have those charges dismissed or reduced.  Remember a conviction can result in adverse consequences that will follow the rest of your life.