NJ N.J.S.A. 2C:35-10. Possession of Controlled Dangerous Substance (“CDS”)

N.J.S.A. 2C:35-10 Possession of CDS in New Jersey

In New Jersey, possession of controlled dangerous substances (CDS) is criminalized under N.J.S.A. 2C:35-10. This statute sets penalties for illegally possessing various illegal drugs like cocaine, heroin, methamphetamine, prescription medications, and more.

This article provides an overview of N.J.S.A. 2C:35-10 and its implications for CDS possession charges in NJ. We’ll cover the law itself, penalties, defenses, and related topics to help explain this complex statute.

What is N.J.S.A. 2C:35-10?

N.J.S.A. 2C:35-10 is part of New Jersey’s Comprehensive Drug Reform Act (CDRA) passed in 1987. It criminalizes the possession of any CDS unless specifically authorized by law¹.

Under 2C:35-10, it is illegal to:

• Obtain, possess, or have under control any quantity of a CDS
• Possess a CDS with intent to manufacture, distribute, or dispense it
• Possess a CDS with intent to use it in an unlawful manner

Simply having a CDS on your person or property is enough to constitute possession under the law.

What Substances Are Covered?

The statute covers possession of any substance classified in Schedules I-V under New Jersey’s CDS laws, including²:

• Heroin, cocaine, methamphetamine
• Prescription opioids like oxycodone
• MDMA, LSD, psilocybin mushrooms
• Anabolic steroids, marijuana, synthetic cannabinoids
• Prescription sedatives, stimulants, and tranquilizers

Possession of drug paraphernalia like pipes, bongs, or packaging materials may also lead to charges under related statutes.

Penalties for N.J.S.A. 2C:35-10 Violations

Penalties for possession of a CDS depend on the substance, amount, and the defendant’s criminal record. Possible sentences include³:

• Up to 6 months in county jail
• New Jersey state prison time
• Fines up to $35,000
• Driver’s license suspension
• Mandatory drug counseling or treatment
• Probation or parole

Possession of small user amounts may lead to 4th degree charges. Larger amounts or intent to distribute can mean harsh 2nd or 1st degree penalties.

Defenses to N.J.S.A. 2C:35-10 Charges

Several legal defenses may apply to CDS possession charges under 2C:35-10⁴:

• Lack of possession – The drugs were not actually yours
• No intent – You did not intend to possess the substance
• Misidentification – The seized substance was not illegal
• Illegal search – Seek to exclude improperly obtained evidence
• Entrapment – You were improperly induced to commit the crime

An experienced New Jersey criminal defense lawyer can assess whether these or other defenses may apply to your specific case.

How N.J.S.A. 2C:35-10 Affects Plea Agreements

Prosecutors often offer plea bargains in CDS possession cases. By pleading guilty to reduced charges, defendants can potentially avoid jail time and decrease fines and penalties. Common options include⁵:

• Pleading down to lower degree offense
• Pretrial intervention (PTI)
• Conditional discharge
• Diversionary programs like drug court

An attorney can advise if any plea offers are advantageous and align with your interests. Any plea deal should be thoroughly reviewed before accepting.

Recent Changes to New Jersey Drug Laws

While N.J.S.A. 2C:35-10 has not changed much since enacted, New Jersey has implemented some reforms to its drug laws in recent years. Changes include⁶:

• Reduced penalties for marijuana possession
• Mandatory drug treatment instead of jail for some first-time offenders
• Expanded eligibility for conditional discharge
• Easier expungement for past marijuana convictions

However, penalties for other substances like cocaine and heroin remain harsh. Those facing CDS charges should not expect leniency under the law.

Federal vs. State Drug Possession Laws

It’s important to remember the federal Controlled Substances Act also prohibits possession of CDS. So even if you avoid state charges, federal prosecution remains possible.

In practice, federal authorities tend to target major trafficking operations. But federal possession charges can still carry severe penalties like⁷:

• Up to 1 year in federal prison
• Minimum $1,000 fine
• Up to $100,000 fine for individuals

Never assume staying within state legal limits protects you from federal charges.

Finding an Attorney for Drug Possession Charges

Drug crimes lawyers can be invaluable advocates in CDS possession cases in New Jersey. An attorney can help negotiate reduced penalties, build defense strategies, and protect your rights at every stage.

Don’t leave your fate to chance. The costs of a conviction can follow you for life. Speak to a qualified drug crimes attorney as early as possible after an arrest.

With an experienced lawyer on your side, you can mitigate penalties and work toward the best possible outcome for your future.

¹ https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-35-10 [return]
² https://www.shouselaw.com/nj/defense/laws/drug-charges/simple-possession-of-a-controlled-dangerous-substance [return]
³ https://www.findlaw.com/state/new-jersey-law/new-jersey-drug-possession-laws.html [return]
⁴ https://www.avvo.com/legal-guides/ugc/defenses-to-drug-possession-charges-in-new-jersey [return]
⁵ https://www.mylawyer.com/understanding-new-jerseys-drug-possession-laws/ [return]
⁶ https://drugpolicy.org/press-release/2018/04/new-jersey-legislature-passes-historic-criminal-justice-reform-bills [return]