Federal and New Jersey state laws heavily criminalize the possession of controlled substances. State law enforcement officers conduct thousands of arrests for this every single year. Of note, these punishments may still apply to marijuana possession, even after its legalization in the state. Obviously, you do not want to accidentally go against these strict laws and have something like this wind up on your permanent criminal record. So please continue reading to learn the potential penalties for possession of a controlled substance and how one of the experienced Bergen County criminal defense attorneys at McNerney & McAuliffe can help you avoid them at all costs.
What are the penalties for possession of a controlled substance in New Jersey?
First of all, federal law classifies certain drugs as Schedule I (i.e., heroin), II (i.e., oxycodone), III (i.e., ketamine), IV (i.e., Xanax), or V (i.e., Robitussin AC) substances. With that being said, if you are found to be in possession of a Schedule I, II, III, or IV substance, without a valid prescription from a licensed medical practitioner, you may be charged with a third-degree offense. Namely, the penalties associated with a third-degree offense in the state of New Jersey include a prison sentence of three to five years and a fine of up to $15,000.
As for a Schedule V substance, again without a valid prescription from a licensed medical practitioner, you may face a fourth-degree offense. This may come with a prison sentence of up to 18 months and a fine of up to $10,000.
Are there penalties for marijuana possession in New Jersey?
Understandably, the laws surrounding recreational marijuana can be quite confusing, especially since the state of New Jersey legalized and decriminalized it back in 2021. However, the state law only applies if you are in possession of six ounces or less of marijuana or 17 grams or less of hashish for personal use. Anything more, and you may be punished with a fourth-degree offense. What’s more, if you are in a school zone or on a school bus at the time of your possession, you may be ordered to perform up to 100 hours of community service.
However, you must understand that this new legalization and decriminalization still affords you certain rights with marijuana. For example, you may no longer be penalized for being found under the influence of marijuana or hashish. Or, to possess drug paraphernalia that you used or intend to use for marijuana or hashish. On top of this, law enforcement must not use the odor of marijuana or hashish on your person as a reason to search, arrest, detain, or take you into custody, among other things.
If you have gotten this far, we now ask you to reach out to one of our skilled Bergen County criminal defense attorneys to schedule an initial consultation. Overall, we strongly encourage you to retain legal representation from McNerney & McAuliffe for your upcoming criminal defense proceedings.