Definition of Key Terms under New Jersey Drug Laws

Definition of Key Terms under New Jersey Drug Laws

New Jersey has comprehensive laws regulating controlled dangerous substances (CDS). Understanding the key terminology is important for anyone facing drug charges. This article provides plain language explanations of common legal definitions related to drug crimes in New Jersey.

Controlled Dangerous Substance

A controlled dangerous substance (CDS) refers to any drug, substance or immediate precursor listed in Schedules I-V under the Controlled Substances Act. New Jersey categorizes drugs based on their potential for abuse and accepted medical use. Schedule I drugs like heroin and ecstasy have a high potential for abuse and no accepted medical use. Schedule V drugs like certain cough medicines have lower abuse potential.

Drug Paraphernalia

Drug paraphernalia refers to any equipment, product or material intended or designed for manufacturing, compounding, testing, packaging, storing, containing, concealing, injecting, ingesting, inhaling a CDS. This includes things like bongs, pipes, scales, syringes, etc¹.

Possession

Possession refers to having physical control or dominion over an item. Actual possession means having direct physical control. Constructive possession means having the power and intention to exercise control over something². For example, drugs found in your bedroom closet can constitute constructive possession.

Possession with Intent to Distribute

This charge alleges possessing a CDS with intent to manufacture, distribute or dispense it. Factors suggesting intent include³:

• Quantity of drugs
• Purity level
• Cash, scales, packaging materials
• Prior arrests or convictions
• Witness testimony

Distribution

Distribution refers to the actual, constructive or attempted transfer from one person to another. This includes selling, dispensing, giving away or transporting drugs.

Strict Liability

Drug offenses are strict liability crimes. This means the prosecution only has to prove you committed the prohibited act, not that you intended to break the law or knew you were doing something illegal⁴. Your state of mind is irrelevant.

Degrees of Crimes

Drug crimes in New Jersey have varying degrees based on the type and quantity of substances involved⁵:

• First Degree: Most serious offenses with mandatory prison time and fines up to $500,000. Trafficking large quantities of heroin, cocaine, methamphetamine, PCP, etc.
• Second Degree: Potentially 5-10 years in prison and fines up to $250,000. Includes possessing various drugs with intent to distribute.
• Third Degree: Up to 5 years in prison and $35,000 fines. Includes possession of Schedule I-IV drugs, distribution of marijuana, possession of paraphernalia.
• Fourth Degree: Up to 18 months in prison and $10,000 fines. Includes possession of small amounts of CDS, distribution of prescription drugs, certain paraphernalia crimes.

Defenses

There are various defenses that may apply to drug possession or distribution charges:

• Lack of possession: Argue the drugs were not actually or constructively possessed. For example, if contraband was found in a jointly occupied home.
• Lack of intent: Argue there was no intent to manufacture, distribute or dispense the substances.
• Entrapment: Argue police improperly induced you to commit a crime you otherwise wouldn’t have.
• Illegal search: Seek to suppress evidence from an unconstitutional search or seizure.
• Misidentification: Argue mistaken identity – police arrested the wrong person.

An experienced criminal defense attorney can assess the evidence against you and decide if any defenses may apply to your specific case.

Penalties

Penalties for drug crimes depend on the nature and severity of charges. First time simple possession of small quantities of CDS may lead to probation. While large-scale trafficking convictions can result in lengthy mandatory prison sentences. Other potential penalties include:

• Fines: Up to $500,000 depending on degree of crime
• License suspension: 6 months – 2 years
• Drug counseling requirements
• Community service
• Probation: Court supervision instead of incarceration
• Parole: Early release from prison with conditions

Penalties tend to escalate with second and subsequent offenses.

Diversionary Programs

Those facing charges for simple possession of CDS, being under influence, or using paraphernalia may be eligible for pretrial intervention (PTI). This diversionary program involves probation, fines and drug counseling/rehab instead of traditional sentencing. However, PTI is only available to those without extensive criminal histories. Similar diversionary programs exist for juveniles like Family Crisis Intervention Units (FCIU).

Record Expungement

Those convicted of eligible drug offenses can expunge their criminal record after 5-10 years. Expungement essentially deletes the offense from your record. This can help restore rights and improve employment opportunities. An attorney can advise if you qualify for expungement.

Medical Marijuana

New Jersey legalized medical marijuana in 2010. Approved patients can possess up to 2 ounces per month. Recreational marijuana possession remains illegal outside the medical program. But most first-time possession offenses for small quantities of marijuana are treated like minor civil infractions rather than criminal charges.

Drug-Free School Zones

Drug offenses occurring within 1,000 feet of any school property lead to mandatory enhanced penalties. Fines and incarceration periods typically double. It doesn’t matter if the school was open/operating or if juveniles were present.

Strict Liability for Drug-Induced Deaths

If you manufacture, distribute or dispense drugs to a person who then dies from those substances, you face strict liability for that death. Mandatory minimum sentences apply regardless of intent or knowledge that death could result.

Changes Under Consideration

Legislation is pending to legalize recreational marijuana in New Jersey. There are also proposals to expand medical marijuana access and availability. Several bills would downgrade penalties for psilocybin mushrooms. And some advocates urge replacing criminal penalties for simple drug possession with treatment programs instead.

We hope this overview of key terminology under New Jersey drug laws provides useful context for anyone facing related charges or penalties. The complexities of CDS laws combined with severe sentences for many offenses underscore the importance of retaining an experienced criminal defense attorney. Counsel can fully advise you on the charges, defenses that may apply, and options moving forward.