NJ Schedule of Controlled Dangerous Substances (“CDS”)

NJ Schedule of Controlled Dangerous Substances (CDS)

New Jersey divides controlled dangerous substances (CDS) into five schedules based on their potential for abuse and accepted medical use. Understanding this CDS classification schedule is critical, as the schedule determines the penalties for illegally possessing or distributing a substance under New Jersey law.

Schedule I CDS face the strictest regulation and harshest penalties, while Schedule V substances are more lightly controlled. Prosecutors typically charge defendants accused of crimes like drug possession or distribution based on the schedule of the CDS involved.

Having an experienced criminal defense attorney advise on the CDS schedule related to your charges, and the defenses available, is essential. This overview covers the key factors to know about New Jersey’s CDS schedules and associated criminal laws.

What are Controlled Dangerous Substances (CDS)?

New Jersey defines controlled dangerous substances under N.J.S.A. 24:21-2 as any drug, substance or immediate precursor listed in Schedules I through V of the CDS laws. The term can include illegal street drugs, prescription medications, steroids, and other compounds with potential for abuse.

CDS deemed to have a higher potential for psychological or physical dependence are placed into more restrictive schedules. This allows greater regulation of the most dangerous substances.

Schedule I CDS

Schedule I contains substances with the highest potential for abuse and no accepted medical treatment use per New Jersey law. Possession and distribution carry the most severe penalties. Schedule I CDS include:

• Heroin
• LSD
• Marijuana
• Ecstasy
• Peyote

Simple possession of a Schedule I substance can lead to 3-5 years in prison. Jail sentences escalate sharply for distribution offenses, especially those involving larger quantities.

Schedule II CDS

Schedule II encompasses CDS with a high potential for abuse which may lead to severe psychological or physical dependence. These drugs have accepted medical uses with severe restrictions. Examples include:

• Cocaine
• Amphetamine
• Methadone
• Oxycodone
• Fentanyl

Illegal possession and distribution of Schedule II CDS is punishable by multi-year mandatory minimum prison sentences under New Jersey law.

Schedule III CDS

Schedule III contains CDS with moderate potential for physical and psychological dependence. These drugs have accepted medical uses with prescription requirements. Examples include:

• Ketamine
• Anabolic steroids
• Codeine cough medicines
• Buprenorphine

Penalties for Schedule III CDS crimes are less severe than Schedule I and II but still carry years in prison along with large fines.

Schedule IV CDS

Schedule IV encompasses CDS with lower potential for abuse than Schedule III drugs. These substances have medical uses and limited risk of dependence. Some examples are:

• Xanax
• Soma
• Darvon
• Valium

Illegal possession and distribution of Schedule IV CDS is punishable as a fourth-degree crime with up to 18 months incarceration under New Jersey law.

Schedule V CDS

Schedule V contains CDS with the lowest potential for abuse and limited risk of physical or psychological dependence. These compounds have accepted medical treatments uses. Examples include:

• Robitussin AC cough preparations
• Lyrica
• Lomotil

Schedule V CDS offenses are the least serious under New Jersey criminal statutes but still carry potential jail time and fines if convicted.

How Does the CDS Schedule Impact Charges and Penalties?

Prosecutors determine what criminal charges to pursue based on the schedule of the CDS involved in an offense. The schedule also sets the baseline penalties upon conviction under N.J.S.A. 2C:35-5 and other statutes.

For example, possession of a Schedule I CDS like heroin is a 3rd degree crime, while possession of a Schedule V drug may only be a disorderly persons offense. Similarly, distribution penalties escalate sharply for higher schedule CDS.

Can the CDS Schedule Impact Sentencing?

Yes, the schedule of the CDS involved in a conviction can be a mitigating or aggravating factor at sentencing. For example, a judge may impose lighter penalties for a Schedule V CDS crime compared to a more dangerous Schedule I substance, even if the charges are the same.

The schedule can also impact eligibility for diversionary programs. An experienced attorney can advise how the CDS schedule relates to possible sentences and programs after conviction.

What are Common Defenses Based on CDS Schedule?

Some potential defenses related to the schedule of a CDS include:

• The substance was improperly categorized in the wrong schedule
• The substance found does not match the alleged schedule
• You lacked criminal intent for a Schedule I or II CDS due to not knowing the schedule
• You possessed a Schedule V CDS thinking it was legal or decriminalized

An attorney can argue the schedule itself helps create reasonable doubt regarding your guilt or warrants mitigation of penalties if convicted.

Can a CDS Move Between Schedules?

Yes, the New Jersey Legislature can pass laws reclassifying a CDS into a different schedule based on new evidence related to its potential for abuse or medical usage. The federal DEA also periodically re-schedules substances.

So the applicable schedule for a drug under New Jersey law depends on the current statutes, not necessarily the schedule at the time of an alleged offense. An attorney can clarify any confusion over scheduling.

Conclusion

The schedule of a controlled dangerous substance has a major impact on potential charges and penalties for drug crimes in New Jersey. But each case is unique, so consulting an experienced criminal defense lawyer when facing CDS allegations is essential.

An attorney knowledgeable in New Jersey’s complex CDS laws can help develop defenses and sentencing strategies leveraging the particular schedule involved. Don’t assume the schedule alone will dictate the outcome of your case.

References

[1] New Jersey Controlled Dangerous Substances Act

[2] New Jersey Statute 2C:35-5

[3] NJ Court Rules on Attorney Conduct