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New Jersey is continually adding new drugs to the list of controlled dangerous substances (“CDS”) that can result in a criminal charge in Wayne or elsewhere in the state for drug possession. MDMA, commonly known as “Molly” or “Ecstasy,” cocaine, heroin, and methamphetamine, and prescribed medications, for example, Xanax, Oxycodone and Hydrocodone, are all forms of CDS that are illegal to possess without a prescription. If you are found in possession of these drugs, as well as numerous others set forth in the Controlled Dangerous Substance Act, you can be arrested.

The Wayne criminal attorneys at the Law Offices of Jonathan F. Marshall include former county prosecutors with over 200 years of combined experience defending in defending drug charges. In fact, one of the members of our team was the Director of the Drug Task Force so we clearly know what it takes to effectively represent someone charged with possessing drugs/cds illegally. Call our Wayne office at (862) 203-4070 any time of the day or night to discuss your case with one of our attorneys. The consultation is free, so you have no reason to hesitate in contacting us to learn more about your charge.

Controlled Dangerous Substance Possession in Wayne New Jersey

The New Jersey Comprehensive Drug Reform Act classifies each CDS on the basis of its potential for abuse by individuals using it, whether there exist medical uses recognized in the U.S. and whether it can be used safely under medical supervision. A CDS listed in Schedule I is considered to be among the most dangerous with the highest potential for abuse and lacking any medically recognized uses or lacking controls for its safe use under a doctor’s supervision. Drugs in Schedule I are heroin, MDMA, LSD, PCP and GHB.

The schedules are found in N.J.S.A. 24:21-5 through 24:21-8.1. Percocet, Vicodin, and other routinely prescribed medications for the relief of pain are Schedule II controlled dangerous substances. Their recognized medical use permits them to be used under the supervision of a physician, but if you do not have a valid prescription for them, you could be charged with drug possession as defined in N.J.S.A. 2C 35-10.

You do not have to be in actual physical possession of a CDS to be charged with drug possession. If you are in a vehicle or a room, constructive possession allows police to arrest everyone in the vehicle or in the room and charge them with CDS possession as long as there is evidence that those arrested knew of the presence of the CDS and intended to later take control over it. This is why it is so important to have legal representation from attorneys whose practices are limited to criminal defense, so they know the tactics used by police and have the ability to defend against them.

Wayne Drug Possession Penalties

If you are convicted of violating N.J.S.A. 2C 35-10, the penalties are based on the type and quantity of CDS.

Possession of a drug listed in Schedule I, II, III, or IV is an indictable crime of the third degree. The penalties include a fine of up to $35,000 and imprisonment for up to five years.
Possession of a Schedule V CDS is a crime of the fourth degree that results in a prison sentence of up to 18 months and a fine of up $15,000.
Possession of more than 50 grams of marijuana or more than 5 grams of hashish are also crimes of the fourth degree. The maximum fine is $25,000 and a prison sentence of up to 18 may be imposed.

A separate statute is directed at the possession of prescription legend drugs and is triggered if you were arrested for this form of CDS in Wayne. N.J.S.A. 2C:35-10.5, which s captioned “prescription legend drugs”, imposes the following penalties:

Possession of four or fewer dosage units of a prescription drug such as Xanax, Adderall or Suboxone in Wayne Township results in a disorderly person offense, up to 6 months in the Passaic County Jail and a fine that can reach $1,000.
It is a fourth degree crime to possess five or more dosage units of a prescription drug. You may be sentenced to 18 months in prison and fined $10,000 if you are convicted of this drug offense.

Whether your Wayne drug possession charge is a misdemeanor or felony, a conviction results in a permanent criminal record and thereby has the potential to severely impact your ability to obtain employment, a professional license or a green card.

Wayne CDS Possession Defense Attorney

The extensive experience of the Wayne drug possession defense lawyers at the Law Offices of Jonathan F. Marshall provides you with the greatest chance of avoiding the harsh penalties and life-altering consequences of a conviction. Call us now at (862) 203-4070 to speak with an attorney. There is no obligation, and someone is available throughout the day and night to discuss your situation with you.