NJ Schedule V Controlled Dangerous Substances (“CDS”)

NJ Schedule V 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 V encompasses the CDS deemed to have the lowest potential for harm and abuse.

While Schedule V CDS are more lightly regulated than other schedules, there are still laws prohibiting illegal possession, distribution, and prescription forgery. Penalties tend to be less severe compared to offenses involving Schedule I-IV drugs.

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

Schedule V CDS Drugs Per New Jersey Law

According to N.J.S.A. 24:21-5, Schedule V includes CDS with a low potential for abuse relative to substances in Schedule IV. Some examples of Schedule V drugs are:

• Cough preparations containing not more than 200 milligrams of codeine per 100 milliliters
• Lomotil
• Lyrica
• Motofen

The complete list of Schedule V CDS is identified in the DEA’s Orange Book. Schedule V mainly includes prescription drugs with accepted medical uses and limited abuse potential.

Possession of Schedule V CDS in New Jersey

Simple possession of a Schedule V substance without a valid prescription is a disorderly persons offense under N.J.S.A. 2C:35-10.5. This is the lowest level drug possession charge in New Jersey. Penalties include:

• Up to 6 months in jail
• Fines up to $1,000
• Mandatory loss of driving privileges for 6 months – 2 years

While still a criminal offense, Schedule V possession is far less serious than possession of substances in Schedules I-IV, which can lead to lengthy prison terms.

Distribution of Schedule V CDS in New Jersey

Similar to possession, the penalties for illegally distributing Schedule V CDS are less severe compared to other drug schedules. Under N.J.S.A. 2C:35-5, distribution of Schedule V drugs is a fourth-degree crime punishable by:

• Up to 18 months in jail
• Fines up to $10,000
• 1-2 year driver’s license suspension

Distribution within 500 feet of a public park or building housing certain facilities increases penalties. And employing minors for distribution leads to additional charges.

Forging Prescriptions for Schedule V 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 V substances. This is a disorderly persons offense carrying up to 6 months incarceration and a $1,000 fine.

Defending Against Schedule V CDS Charges in NJ

Despite the lower penalties compared to other drug schedules, it is still critical to retain an experienced criminal defense attorney if facing Schedule V charges. 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 V charges dismissed or reduced to non-criminal violations through suppression motions or plea bargains. Never assume pleading guilty is your only option.

Are Schedule V Drugs Still Considered “Dangerous”?

Yes, under New Jersey law Schedule V substances are still categorized as “controlled dangerous substances” even though they are considered to have lower potential for abuse and addiction compared to other schedules. The “dangerous” designation comes from their psychoactive effects.

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

Schedule V vs. CBD Oil and Hemp in New Jersey

CBD oil derived from hemp containing less than 0.3% THC was legalized in New Jersey under A5322. So despite some similarities to Schedule V CDS, hemp-based CBD oil is not considered a controlled dangerous substance under state law provided THC content restrictions are met.

However, THC-rich marijuana and CBD oil derived from marijuana remain illegal in New Jersey outside of the medical marijuana program. An experienced attorney can argue which schedule any form of cannabis falls under based on its THC levels and source.

Conclusion

Despite having lower potential for abuse, Schedule V controlled dangerous substances are still tightly regulated under New Jersey law. While penalties are not as severe compared to other drug schedules, criminal charges should still be aggressively defended.

An experienced criminal defense attorney can guide those facing accusations involving Schedule V CDS in New Jersey on the best defense strategies and how to avoid conviction and penalities through various legal arguments.

References

[1] New Jersey Statute 24:21-5

[2] DEA Orange Book

[3] NJ Court Rules on Attorney Conduct