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NJ Methamphetamine Possession and Distribution Offenses
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- 1 Methamphetamine Possession and Distribution Offenses in NJ
Methamphetamine Possession and Distribution Offenses in NJ
Methamphetamine is an extremely addictive and dangerous stimulant drug. Both meth possession and distribution are serious criminal offenses in New Jersey carrying stiff penalties. Let’s take a look at the specific laws and potential consequences if you are charged with a meth-related crime in NJ.
Using Methamphetamine
Using methamphetamine is a disorderly persons offense in New Jersey. Section 2C:35-10.b. of the New Jersey Statutes states:
It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice.
As a disorderly persons offense, being under the influence of meth carries up to a six-month jail sentence and a $1,000 fine. In New Jersey, drug crime convictions can also lead to a driver’s license suspension, mandatory treatment or counseling, and other consequences.
Possessing Methamphetamine
Possessing methamphetamine is a more serious crime than using methamphetamine under New Jersey law. Section 2C:35-10.a.(1) makes possession of methamphetamine a third-degree indictable crime. Third-degree crimes carry three to five years of prison time, and Section 2C:35-10.a.(1) imposes an enhanced fine of up to $35,000 for meth possession.
The amount of meth you are charged with possessing can increase the degree of the offense. Possessing more than 5 grams bumps the charge up to a second-degree crime punishable by 5-10 years in prison. Possessing extreme amounts (5 ounces or more) is a first-degree offense with a prison term of 10-20 years.
Distributing Methamphetamine
Distributing or selling methamphetamine is an even more serious crime. Meth distribution charges under N.J.S.A. 2C:35-5 can be either first, second, or third-degree crimes depending on the amount:
- 1 ounce or more – First-degree crime (10-20 years prison)
- 1/2 ounce to 1 ounce – Second-degree (5-10 years prison)
- Less than 1/2 ounce – Third-degree (3-5 years prison)
Penalties are harsher if you distribute meth near schools, parks, public housing, or other protected areas. You’ll also face fines up to $150,000 and driver’s license suspension.
Manufacturing Methamphetamine
It’s also illegal in New Jersey to manufacture methamphetamine. This includes cooking, synthesizing, or preparing the drug. Meth manufacturing charges under N.J.S.A. 2C:35-5 carry the following penalties:
- 1 ounce or more – First-degree crime (up to 20 years prison)
- Less than 1 ounce – Second-degree crime (5-10 years prison)
Merely possessing chemicals or equipment for manufacturing meth is a third-degree crime with 3-5 years of incarceration. These charges apply even if no meth was actually produced.
Defenses for Methamphetamine Crimes
There are several possible defenses if you are charged with a meth offense in New Jersey:
- You did not actually possess or distribute meth
- The substance was not methamphetamine
- Someone else had control over the meth
- You were unaware the meth was present
- You were entrapped by police
- Your rights were violated during the investigation or arrest
An experienced criminal defense attorney can evaluate the prosecution’s evidence against you and determine if you have any viable defenses to pursue.
Penalties Beyond Incarceration
In addition to jail or prison time, meth convictions often carry severe collateral consequences such as:
- Fines up to $150,000
- Driver’s license suspension for 6 months – 2 years
- Forfeiture of vehicles or property connected to the crime
- Probation or parole supervision
- Permanent criminal record
- Loss of student financial aid (for possession and distribution)
- Loss of public housing
- Loss of child custody or visitation
- Deportation (for non-citizens)
Get Legal Help Now
Never try to navigate meth charges in New Jersey without an experienced criminal defense attorney on your side. Drug convictions can derail your entire future. But an attorney can thoroughly analyze your case and build strategic defenses.
Don’t leave the outcome to chance. The stakes are too high. Take action quickly to protect your rights and freedom.
Frequently Asked Questions
Can first-time offenders avoid jail for meth crimes?
It depends on the exact charges and circumstances of the case. For low-level possession, first offenders may be eligible for probation or pretrial intervention instead of incarceration. But distribution charges often carry mandatory minimum prison sentences.
Is meth possession a felony in NJ?
Yes, possession of any amount of methamphetamine is a felony-level crime in New Jersey. Meth possession is a 3rd, 2nd, or 1st degree indictable offense depending on the quantity involved.
Can meth charges be downgraded or dismissed?
In some cases, yes. An experienced attorney may be able to negotiate with prosecutors to amend or dismiss charges through plea bargaining, diversion programs, or by raising evidentiary issues.
How long do meth charges stay on your record in NJ?
Meth convictions remain on your criminal record permanently. But they can potentially be expunged after a period of 5-10 years under New Jersey’s expungement laws.
Should I take a plea deal or go to trial for meth charges?
Your attorney will advise the best legal strategy after examining the evidence in your case. Pleas often result in lighter sentences but forfeit certain defenses. Trials can completely beat the charges but risk harsher penalties if convicted.
Methamphetamine crimes have life-changing consequences in New Jersey. Don’t gamble with your future. An experienced drug crimes attorney can provide skilled representation and maximize your chances of the best possible outcome.