The Penalties for Possessing Meth in New Jersey

The Penalties for Possessing Meth in New Jersey

Simple Possession of Meth in New Jersey

Under New Jersey law, possession of less than 5 grams of methamphetamine is considered simple possession, a third-degree crime. This charge applies when someone has meth on their person, in their car, at their home, or anywhere else they have control over the drugs.

A conviction for simple meth possession comes with the following penalties:

• 3 to 5 years in New Jersey State Prison
• Fines up to $35,000
• Mandatory driver’s license suspension of 6 months to 2 years
• Mandatory drug counseling, treatment, or rehabilitation
• Up to 100 hours of community service

So even for simple possession without intent to distribute, the consequences are quite severe. Defendants face years behind bars, 5-figure fines, and a criminal record that can negatively impact many aspects of life.

Possession of Larger Amounts of Meth

As you can imagine, the penalties get even harsher if you are caught with larger amounts of meth. Here is an overview of the charges and sentences for possessing various meth quantities in New Jersey:

• 5-10 grams – Second degree possession – 5 to 10 years in prison
• 10-35 grams – First degree possession – 10 to 20 years in prison
• 35 grams to 5 ounces – First degree possession with intent – 10 to 20 years in prison
• 5 ounces to 1 pound – First degree possession with intent – 15 to 30 years in prison
• Over 1 pound – First degree possession with intent – 20 years to life in prison

So possession of just 5-10 grams of meth jumps the charge up to a second-degree felony. And anything over 35 grams leads to an even more serious first-degree possession charge. At that level, prosecutors will argue that the amount goes beyond personal use and indicates intent to distribute.

We can see how quickly the penalties escalate based on the quantity of meth involved. Even on the lower end, defendants can face a decade or more behind bars if convicted.

Sentencing Enhancements and Mandatory Minimums

Beyond the baseline penalties discussed above, certain factors can enhance the sentence for a meth conviction in New Jersey:

• Prior Drug Convictions – Second-time drug offenders face mandatory extended terms that can double the ordinary sentence. Third-time offenders may face up to life in prison.
• Distribution Near Schools – An additional fine up to $150,000 and imprisonment up to an additional one-third of the sentence can be added if meth was distributed within 1,000 feet of a school.
• Possession of a Firearm – An additional minimum imprisonment term of 3 to 5 years must be added if a firearm was possessed during the commission of a drug crime.

These enhancements and mandatory minimum sentences restrict the discretion judges have in meth cases. The prosecution will argue aggressively for their imposition.

Defenses to Meth Possession Charges

While meth possession and distribution charges should always be taken very seriously, there are often mistakes made in the investigative process that a skilled criminal defense lawyer can capitalize on. Here are some potential defenses:

• Illegal search and seizure – If the police did not have probable cause for a search or violated 4th Amendment rights, the evidence may be excluded.
• Improper testing – Faulty chemical testing or handling of evidence could undermine the prosecution’s case.
• No possession – If the prosecution cannot prove you actually possessed the meth in question, the charges should fail.
• Personal use amount – For distribution charges, arguing the quantity was consistent with personal use rather than dealing can help.
• Entrapment – Undercover sting operations sometimes cross the line into improperly inducing criminal activity.

Do not assume that a meth arrest will inevitably lead to conviction and years behind bars. By exposing flaws in the state’s case, an experienced criminal defense lawyer can often get charges reduced or dismissed entirely.

Conclusion

Meth possession and distribution charges in New Jersey should never be taken lightly given the lengthy mandatory minimum prison sentences involved. Even simple possession of a small amount is punished as a third-degree felony with 3-5 years in prison. The penalties quickly escalate from there for larger quantities.

If you are facing meth charges, your best hope lies in retaining an experienced criminal defense lawyer as early in the process as possible. An attorney can carefully examine the arrest details for any constitutional violations while beginning to build a defense strategy targeted at your specific case. In many instances, they can negotiate with prosecutors to get charges reduced or dismissed. Don’t gamble your future on the hope that the system will go easy on you. Get a lawyer on your side right away to start fighting for the best possible resolution.