New Jersey Section 2C:35-10 – Possession, use or being under the influence, or failure to make lawful disposition

New Jersey’s Drug Possession Laws: What You Need to Know

So you got busted with some drugs in New Jersey. Don’t freak out just yet—let’s take a look at the law and see what’s in store. This article will give you the DL on possession charges in NJ, including the statutes, penalties, and defenses that could help your case. We’ll also chat about recent reforms that have changed how Jersey approaches drug crimes.

The Basics: NJ Statute 2C:35-10

In New Jersey, most drug possession charges fall under the umbrella of NJSA 2C:35-10 – the statute that criminalizes possessing or being under the influence of a controlled dangerous substance (aka drugs!). This law has five main parts:

• 2C:35-10(a) – bans possessing CDS (criminal degree depends on the drug and amount)
• 2C:35-10(b) – bans being under influence of CDS
• 2C:35-10(c) – prohibits failure to make lawful disposition of CDS
• 2C:35-10(d) – prohibits obtaining or possessing CDS by fraud
• 2C:35-10(e) – prohibits possession of drug paraphernalia

Big takeaway—2C:35-10 makes it illegal to possess, use, or be under the influence of a wide variety of drugs in New Jersey. Let’s get into the nitty gritty of what this means.

Possession of CDS

Under 2C:35-10(a), it’s a crime to knowingly or purposely possess a controlled dangerous substance without legal authority. Possession includes actual possession (drug is on your person) or constructive possession (drug is within your control, like in your car or home).

The degree of the possession offense depends on two things – the type and amount of drug. For example:

• Possession of less than 50 grams of marijuana or 5 grams of hashish is a disorderly persons offense
• Possession of more than 50 grams of marijuana or 5 grams of hashish is a 4th degree crime
• Possession of Schedule I or II drugs (like heroin or cocaine) is a 3rd degree crime
• Possession of Schedule III, IV, or V drugs is a 4th degree crime

In other words, the law takes a harder line on drugs like heroin or cocaine versus marijuana or prescription pills. The amount of the drug also matters – possessing larger quantities leads to higher charges.

Being Under the Influence

Section 2C:35-10(b) makes it illegal to be under the influence of CDS in public places. This includes being high on illegal drugs like heroin or legal drugs like prescription pills taken without a valid prescription.

A first offense for being under the influence is a disorderly persons offense. But if you have a prior conviction under this section, subsequent offenses become 4th degree crimes.

Failure to Make Lawful Disposition

Under 2C:35-10(c), you can be charged if you possess CDS that you know you’re supposed to legally dispose of or deliver to law enforcement. For example, this applies if you find drugs or drug paraphernalia and keep it instead of turning it over to the cops.

Obtaining CDS by Fraud

Section 2C:35-10(d) prohibits acquiring or obtaining possession of a CDS by misrepresentation, fraud, forgery, deception or subterfuge. This includes things like:

• Using a fake prescription to get prescription pills
• Lying to a doctor to obtain drugs
• Stealing someone’s prescription meds

Violating this section is a 3rd degree crime.

Possession of Drug Paraphernalia

Under 2C:35-10(e), it’s illegal to possess items used for preparing or ingesting drugs like bongs, pipes, needles, scales, etc. This is a disorderly persons offense.

Penalties

The penalties for drug possession in New Jersey depend on the degree of the offense:

• Disorderly Persons – Up to 6 months jail and $1,000 fine
• 4th Degree – Up to 18 months prison and $10,000 fine
• 3rd Degree – 3-5 years prison and $35,000 fine

In addition to fines and imprisonment, a conviction can also lead to a driver’s license suspension, community service, and probation.

Recent Reforms

Over the past few years, New Jersey has enacted reforms to reduce penalties for minor drug crimes:

• In 2019, the law changed so a first time offense for possession of under 50 grams of marijuana is not a crime – just a civil violation with a $50 fine.
• Also in 2019, 2C:35-10 was amended so a third or subsequent conviction for being under the influence now requires enrollment in a drug rehabilitation program, rather than jail time.
• And in 2020, a new law imposed a mandatory 180 day cap on jail time for non-violent third and fourth degree drug offenses.

While NJ drug laws are still strict compared to some states, these changes demonstrate a shift toward treatment over punishment for minor drug crimes.

Defenses

There are a variety of defenses that could beat a possession charge:

• Lack of possession – argue the drugs were not actually in your possession or control
• Lack of knowledge – claim you didn’t know the substance was illegal drugs
• Medical need – assert you had a valid prescription for the medication
• Entrapment – contend police improperly induced you to commit the crime
• Illegal search – move to suppress evidence from an unconstitutional search

An experienced criminal defense lawyer can evaluate the facts of your case and advise you on the best defense strategies. Don’t go it alone!

What Now?

So there you have it – the essential facts about New Jersey’s laws against drug possession and use. While the penalties can be harsh, recent reforms have mitigated punishments for minor offenses. And skilled defense counsel can thoroughly examine the charges against you for any constitutional or procedural flaws. Don’t panic, but do take any drug possession allegations seriously by consulting with a lawyer. They can protect your rights every step of the way!