NJ Schedule III Controlled Dangerous Substances (“CDS”)

NJ Schedule III Controlled Dangerous Substances (CDS)

New Jersey categorizes controlled dangerous substances (CDS) into five schedules based on their potential for abuse and accepted medical use. Schedule III encompasses CDS with moderate potential for harm and abuse.

While Schedule III substances have legitimate medical purposes, there are still laws prohibiting illegal possession, distribution, and prescription forgery. Penalties for Schedule III offenses are more severe than lower schedules but less than Schedule I and II.

Understanding the laws related to Schedule III CDS is important for avoiding criminal charges in New Jersey. An experienced criminal defense attorney can also advise how to defend against Schedule III allegations if you do face arrest.

Schedule III CDS Drugs Per New Jersey Law

According to N.J.S.A. 24:21-5, Schedule III includes CDS with potential for abuse less than substances in Schedules I and II. Some examples of Schedule III drugs are:

• Products containing less than 15 milligrams of hydrocodone per dosage unit
• Products containing not more than 90 milligrams of codeine per dosage unit
• Buprenorphine
• Ketamine

The complete list of Schedule III CDS is identified in the DEA’s Orange Book. Schedule III mainly includes prescription opioids, stimulants, and anabolic steroids.

Possession of Schedule III CDS in New Jersey

Simple possession of a Schedule III substance without a valid prescription is a third-degree crime under N.J.S.A. 2C:35-10(a)(1). This is a serious criminal offense with penalties including:

• 3-5 years in New Jersey State Prison
• Fines up to $35,000
• Mandatory loss of driving privileges for 6 months – 2 years

School zone drug offenses bump simple possession up to a second-degree crime with stiffer penalties. Large quantity possession with intent to distribute can also lead to more serious first-degree charges.

Distribution of Schedule III CDS in New Jersey

The penalties for illegally distributing Schedule III CDS are severe under N.J.S.A. 2C:35-5. For example, distribution of less than 1 ounce of a Schedule III substance carries:

• 3-5 years in New Jersey State Prison
• Fines up to $25,000
• 1-2 year driver’s license suspension

Penalties scale up to first-degree crimes with up to 20 years prison for larger distribution amounts. And employing minors for distribution leads to further enhanced penalties.

Forging Prescriptions for Schedule III CDS

Similar to other CDS, it is illegal under N.J.S.A. 2C:21-1 to knowingly forge a prescription in order to illegally obtain Schedule III substances. This is a third-degree crime carrying 3-5 years incarceration and up to $15,000 in fines.

Defending Against Schedule III CDS Charges in NJ

Facing Schedule III charges warrants retaining an experienced criminal defense attorney. Possible defenses include:

• Illegal search leading to discovery of the CDS
• Lack of proof you knowingly possessed the substance
• No evidence of intent to distribute
• Entrapment by police
• Lack of proper testing procedures to identify the CDS

An assertive lawyer can often get Schedule III charges dismissed or reduced to lesser offenses through suppression motions or plea bargains. Never assume pleading guilty is your only option.

Are Schedule III Drugs Still Considered “Dangerous”?

Yes, under New Jersey law Schedule III substances are still categorized as “controlled dangerous substances” even though they have accepted medical uses. The “dangerous” designation comes from their potential for abuse and addiction.

However, an experienced attorney can argue Schedule III drugs pose less danger to society compared to illicit street drugs, and any penalties imposed should reflect this reduced harm.

Common Defenses for Prescription Schedule III Charges

For prescription Schedule III offenses like oxycodone or codeine, possible defenses include:

• You had a valid prescription but police did not verify
• You only possessed a small amount indicating personal use
• Someone else used your prescription without your knowledge
• You did not knowingly possess the pills

An attorney can often get prescription Schedule III charges dismissed or reduced to non-criminal violations by highlighting reasonable doubt over your criminal intent.

Conclusion

While having legitimate medical uses, Schedule III controlled dangerous substances still carry criminal penalties for illegal possession and distribution under New Jersey law. Retaining an experienced criminal defense attorney is essential if facing any Schedule III allegations.

A knowledgeable lawyer can guide those accused of Schedule III offenses on the viable defenses and how to avoid conviction through motions, plea bargains or trial. Don’t assume you have to plead guilty.

References

[1] New Jersey Statute 24:21-5

[2] DEA Orange Book

[3] NJ Court Rules on Attorney Conduct