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

Possession of Controlled Dangerous Substances in New Jersey: What You Need to Know

We all make mistakes, especially when we’re young. But in New Jersey, even simple possession of drugs can land you in a heap of trouble if you don’t understand the law. Let’s break down N.J.S.A. 2C:35-10 and what it means for people caught with controlled dangerous substances (CDS).

First, what counts as a CDS? Basically any illegal drug – marijuana, cocaine, heroin, ecstasy, LSD, prescription meds without a valid prescription…you get the picture. It’s a long list of substances that are completely banned in New Jersey.

Simply having a CDS in your pocket, bag, car, house, etc. violates N.J.S.A. 2C:35-10. The law doesn’t care if you planned to use it, share it with friends, or sell it – possession is possession according to the statute. And it’s punishable as a crime.

The good news is, minor possession for personal use (especially first offenses) usually results in probation or pretrial intervention. But it’s still a big deal – a criminal record that can hurt job and school prospects down the road. Let’s break it down based on the type and amount of drugs involved:

Marijuana

Under 50 grams – Up to 6 months in jail and $1,000 fine. This also results in an automatic 6 months to 2 year driver’s license suspension, even if you weren’t driving at the time.

Over 50 grams – Up to 18 months in jail and $25,000 fine.

Other CDS (Heroin, Cocaine, Ecstasy, etc)

Under 5 grams – Up to 18 months in jail and $25,000 fine.

5-36 grams – Up to 3 years in jail and $25,000 fine.

1 ounce to 5 ounces – Up to 5 years in jail and $25,000 fine.

You’ll also face mandatory driver’s license suspension for possession of CDS besides marijuana. The suspension lasts 7 months to 2 years.

As you can see, the penalties climb quickly depending on the type and amount of drugs. It’s nothing to mess around with.

Defenses to CDS Possession Charges

If you do get arrested for possession of CDS, don’t panic. There are defenses that an experienced criminal lawyer can use to get the charges dropped or reduced. Here are some of the most common ways to beat a possession charge:

• Illegal search – If the police searched you, your car or your home illegally, any drugs found may be excluded as “fruit of the poisonous tree.” Without the drugs, the prosecution’s case falls apart.
• No possession – You can argue the drugs belonged to someone else. For example, if passengers in your car had drugs, you can’t automatically be assumed to possess them.
• Unknowing possession – Let’s say police find drugs in your backpack that your friend secretly stashed there. You can argue you didn’t know about the drugs, so you didn’t intentionally and knowingly possess them.
• Entrapment – This defense claims police coerced or induced you to commit a crime you wouldn’t otherwise have committed. It’s complex, but could apply in some drug sting operations.
• Medical need – For possession of prescription meds without a valid prescription, you may be able to show a legitimate medical need.
• CBD oil – Possession of CBD oil is still in a legal gray area in New Jersey. A good lawyer may get the charges dismissed.

As you can see, an experienced criminal defense attorney can analyze the facts of your case to craft the best defense strategy. Don’t go it alone.

Drug Court May Help Avoid Jail Time

Many first-time offenders charged with minor possession can enroll in the state’s Drug Court program. This rigorous 12-18 month outpatient rehab program allows you to avoid jail time and clear your record by completing treatment. It’s strict, with frequent drug testing and court appearances, but well worth it for many defendants. An attorney can advise if you’re eligible.

The moral of the story – avoid drugs completely. But if you do get caught up in a CDS possession charge, stay calm and call an attorney immediately. An open and honest discussion of what happened is key. With an experienced lawyer in your corner, fighting the charges, there are many ways to resolve the case while avoiding long-term damage to your future. We all make mistakes, the important thing is learning from them.