Drug Possession Charges and Penalties in New Jersey

If you’ve been charged with possession of a Controlled Dangerous Substance (CDS)  in New Jersey, the legal process can look intimidating. The police report, court dates, and the thought of fines or jail time can weigh on your mind all at once. You might worry about your driver’s license, your job, and how this could impact various aspects of your life.

At Lustberg Law Offices LLC, we understand how overwhelming this situation can be. Attorney Adam M. Lustberg and our dedicated team of New Jersey drug crimes lawyers are here to provide you with the support and guidance you need during this challenging time. We can thoroughly assess your case, including sensitive matters like juvenile drug possession, and work diligently to explore all possible defenses, aiming to minimize the impact on your life. Call us today at (201) 880-5311 to schedule a confidential consultation.

First, Second, Third, and Fourth Degree Drug Charges

In New Jersey, drug charges are sorted by degree. The scale runs from a simple disorderly persons offense all the way up to a first‑degree crime. The closer to a first-degree crime you are, the more severe the potential penalties are.

New Jersey penalties associated with the following drug crime charge degrees are:

• First-Degree Drug Charges: If you are convicted, you could spend 10 to 20 years in prison. Fines can reach $500,000. Your driver’s license may be suspended or taken away. Certain aggravated offenses, like leading a narcotics trafficking network, can even bring life imprisonment.
• Second-Degree Drug Charges: A conviction brings 5 to 10 years behind bars and fines as high as $150,000. A license suspension is also a real possibility.
• Third-Degree Drug Charges: A sentence of 3-5 years in prison. The fine can reach $35,000, and for some controlled substances, the cap jumps to $75,000. Your license can still be pulled.
• Fourth-Degree Drug Charges: Up to 18 months in prison. Fines can go as high as $15,000, and the court can still suspend your license.
• Disorderly Persons Offense: up to 6 months in county jail, fines up to $1,000, and possible discretionary license suspension.

Degree of Charge	Prison Sentence	Maximum Fine	Driver’s License Impact
First-Degree	10–20 years (life in aggravated cases)	Up to $500,000	Suspension or revocation likely
Second-Degree	5–10 years	Up to $150,000	Suspension possible
Third-Degree	3–5 years	$35,000 (up to $75,000 for some substances)	Suspension possible
Fourth-Degree	Up to 18 months	Up to $15,000	Suspension possible
Disorderly Persons Offense	Up to 6 months in county jail	Up to $1,000	Discretionary suspension

New Jersey Drug Crimes Lawyer

What Exactly Counts as Drug Possession Under New Jersey Law?

Drug possession in New Jersey means having a controlled substance within your reach or control. The law recognizes two routes. Actual possession is obvious: the pills sit in your pocket, the baggie rides in your backpack. Constructive possession is subtler: the stash hides in your glove compartment or your roommate’s dresser, yet you know about it and can grab it when you decide. Police only have to show knowledge plus the ability to exercise control.

Quantity drives the grade of the charge. Any amount of heroin, cocaine, methamphetamine, fentanyl, or another Schedule I to IV substance triggers a third-degree crime punishable by 3 to 5 years in state prison and fines up to $35,000. Five or more dosage units of a prescription legend drug yields a fourth-degree charge. Cannabis follows its own scale. Possessing more than six ounces of marijuana flower or over seventeen grams of hashish is a fourth-degree offense; smaller amounts are presently civil violations. Psilocybin up to one ounce is treated as a disorderly persons offense, yet anything above that limit revives felony exposure.

Location also matters. Possession near a school or public park tacks on mandatory penalties, including one hundred hours of community service. Prosecutors often tag everyone inside a car, dorm room, or apartment through joint constructive possession, so even if you didn’t touch anything, you can still get charged. That is when legal help counts. A lawyer can contest an illegal search, question lab weights, challenge claims of control, or steer you toward treatment-based diversion that shields your record.

Regular Possession Charges and Penalties

As mentioned, the degree of crime you will be charged with depends on the type of drug and how much of it you have. If you were only found in possession of it, and not found to have also had the intent to distribute the drug, the penalties are less severe.

Possible possession charges in New Jersey include:

• Up to 6 ounces of cannabis flower or 17 grams or less of hashish: a civil violation for adults 21 or older (no criminal record, but fines possible).
• More than 6 ounces of cannabis flower or more than 17 grams of hashish: fourth‑degree indictable offense. 
• Any amount of cocaine, heroin, methamphetamine, acid, ecstasy, GBH, and any other illegal narcotics stimulants, hallucinogens, opiates, or depressants: chargeable as an indictable offense, the degree of which depends on the weight of the drug.
• Drug paraphernalia such as needles, baggies, pipes, bongs: chargeable as a disorderly persons offense
• Unauthorized prescription drugs: Often charged as a third-degree offense

Possession with Intent to Distribute Charges and Penalties

New Jersey laws get more severe if a drug possession charge is accompanied by evidence of manufacturing, distributing, or possession with intent to distribute. This is because now your crime is not only affecting yourself but spreading those illegal substances within your community, oftentimes for profit.

Psilocybin (Magic Mushrooms)

1 ounce or less = disorderly persons offense

Over 1 ounce = 3rd degree

Any other drug and its potential charges may be found in New Jersey law N.J.S.A 2C:35.

How Long Do You Go to Jail for Drug Possession in NJ?

In New Jersey, the length of jail time for drug possession depends on factors such as the type of drug, the quantity in possession, and the intent behind the possession. Since 2021, possessing small amounts of marijuana is no longer considered a criminal offense. However, for more severe drugs like heroin, cocaine, or methamphetamine, the consequences are more substantial.

For possession of less than half an ounce of these harder substances, individuals may face 3 to 5 years in prison. The penalties can escalate if the quantity is greater or if there is evidence suggesting intent to distribute. The severity of the punishment reflects the state’s stance on controlling substance abuse and preventing distribution. 

The distinctions in drug possession charges are crucial, given that the penalties can greatly affect one’s future. Individuals facing these charges should seek guidance from a legal professional who can offer insights tailored to their specific situation

If you or a loved one is facing drug possession charges in New Jersey, Lustberg Law Offices LLC is here to help. Our experienced New Jersey drug crimes lawyers can provide the guidance and support you need to understand the legal system effectively. Contact us today to discuss your case and explore your options for a strong defense.

How to Get a Possession Charge Dismissed

If you’re facing a possession charge and want to explore ways to get it dismissed, it’s important to consider various legal defenses. Here are four strategies that could potentially lead to a dismissal:

Challenge the Legality of the Search:

The Fourth Amendment protects individuals from unreasonable searches and seizures. If the search that led to the discovery of drugs was conducted unlawfully, the evidence may be excluded, resulting in the dismissal of your case. Generally, warrantless searches are considered invalid, except in specific situations like when an item is in plain view or when the police have probable cause to search a motor vehicle.

Dispute the Possession:

If the prosecution can’t prove, beyond a reasonable doubt, that you had actual or constructive possession of the drugs, the case may be dismissed. Actual possession means the drugs were found on your person or in an area exclusively under your control, while constructive possession applies when drugs are found in an area controlled by multiple individuals. Your attorney can challenge the state’s ability to prove your intent to control the drugs and your knowledge of their contents.

Question the Substance’s Legality:

The prosecution must establish that the substance in question is an illegal drug. Usually, a certified lab report is used as evidence, but you can challenge the report by raising timely objections and questioning the lab’s procedures or findings. If the validity of the lab report is undermined, it could lead to the dismissal of the case.

Raise Discovery Violations or Entrapment:

You have the right to access all evidence held by the prosecution. If the prosecution fails to provide crucial evidence, such as the actual drugs, the case may be dismissed. Additionally, if you can demonstrate that you were entrapped by the police, coerced into committing a crime you wouldn’t have otherwise committed, entrapment may serve as a viable defense.

Getting a possession charge dismissed requires the assistance of a skilled drug defense attorney who can thoroughly examine the specific details of your case and determine the most effective defense strategies.

Do First Time Drug Offenders Go to Jail in NJ?

Whether first-time drug offenders go to jail in New Jersey largely depends on the details of the charge. For a first offense of drug possession (excluding marijuana), the state’s legal system can impose a sentence that varies from 3 to 5 years in prison, accompanied by fines that may reach up to $35,000.

The situation is more severe if the charge involves the intent to distribute. Even as a first-time offender, you could face anywhere from several months to 20 years of incarceration, based on the type and quantity of drugs involved in the case.

New Jersey’s drug laws are stringent, and while every case is unique, the state does enforce its penalties with consistency. First-time offenders are not exempt from these rules, and the court’s determination will rest upon the specifics of the offense. It’s important for those charged to seek legal counsel to address the challenges of the law and to understand the full scope of potential consequences.

Contact an Experienced Hackensack Drug Defense Attorney About Your Drug Possession Charges in New Jersey

Have you been charged with a drug-related offense in New Jersey? A drug crime conviction can carry with it heavy fines, jail time, and driver’s license suspension! That is why it is imperative that you speak with a qualified drug defense lawyer about your case. The lawyers at Lustberg Law Offices, LLC represent clients charged with use, possession, production, distribution, and related drug offenses in Fort Lee, Fair Lawn, Bergenfield, Ridgewood, and throughout New Jersey. Contact us at (201) 880-5311 or fill out our confidential online form to schedule a free consultation about your case. 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.