Possession of a Controlled Dangerous Substance, commonly referred to as CDS, is defined under 2C:35-10, which is a chargeable offense with serious consequences in New Jersey. With the exception of smaller amounts of marijuana, if you are caught with drugs, you can spend significant time in prison and be assessed massive fines. Here’s a short guide to intent and distribution laws in New Jersey and the possible consequences of a conviction.
Facing charges related to possession of controlled substances, intent, or distribution in New Jersey can have serious consequences. If convicted, a drug offense can become a felony, leading to severe penalties and long-lasting repercussions. At Lustberg Law Offices, LLC, our New Jersey drug crimes lawyer can help you understand the weight of your charges under the state’s drug laws, analyze evidence, and explore potential legal options to achieve the best possible outcome for your situation. Contact us at (201) 880-5311 for a confidential consultation to discuss your case and start your defense strategy.
Intent and Distribution Laws in New Jersey
Controlled substances in New Jersey include, commonly, LSD, heroin, molly, cocaine, ecstasy, PCP, methamphetamines, and the majority of prescription drugs if possessed without a legal prescription. It is important to note that there is a significant difference between possession of these illegal substances and possession with the intent to distribute, which comes with far harsher penalties. The scariest part of all is how much easier it is to be charged with intent to distribute than you may realize.
If someone is in possession of drugs that they plan to share with friends down the line, they can be charged with intent to distribute under 2C:35-5 of the New Jersey Criminal Code. Whether or not you plan on selling the drugs is irrelevant. Distribute, when used like this, does not necessarily mean to sell, it simply means to hand off the drugs to another party. If someone gives drugs to a friend to share, they have just committed drug distribution without realizing it. Even if the amount of drugs is small, you can still be charged with drug possession and with intent to distribute.
Other facts can make a big difference between charges. An example is ⅛ of an ounce of cocaine, also known as an 8-ball. If the cocaine is in one bag on your person, you will likely be charged with possession and assumed the drug is for personal use. However, if you divide the cocaine between several different bags, all of a sudden the police may assume that you have the drug packaged for distribution amongst several people. The charge then changes from possession to possession with intent to distribute, which comes with a much more serious possible sentence.
The gravity of a distribution charge is most often regulated by the weight of the drugs in question. For example, 2C:35-5b(1) states that distribution or possession with intent to distribute cocaine or heroin in a quantity of 5 ounces or more is a 1st-degree offense (20-year statutory maximum jail sentence), 1/2 ounce to less than 5 ounces is a 2nd-degree offense (10-year statutory maximum jail sentence), and any quantity less than 1/2 an ounce is 3rd-degree offense (5-year statutory maximum jail sentence). The grading of certain other substances is similarly structured based on weight, however, pills are based on numeric quantity. More potent and serious drugs usually carry a higher gradation.
There are a number of other factors that determine the gradation of a charge, which is why if you are charged with either possession or possession with intent to distribute, you need to contact a criminal defense attorney as soon as possible. The circumstances of each case are different and only someone well-versed in the law can give you all the information you need regarding charges, sentencing, possible plea deals, as well as other strategies to avoid prison time. To learn more about other drug crime charges, such as if possession of mushrooms is a felony or a misdemeanor, check out our other articles.
How Does Drug Quantity and Type Affect NJ Possession and Intent‑to‑Distribute Charges?
In New Jersey, both the drug itself and the weight on the scale drive your exposure. For simple possession, most Schedule I to IV substances are charged as a third-degree crime under N.J.S.A. 2C:35-10. That is the baseline the State starts from when it is only accusing you of having drugs for personal use. Cannabis is treated differently. Possessing six ounces or less of marijuana or 17 grams or less of hashish is not a crime. Go over those limits, and the charge jumps to a fourth-degree offense.
Intent to distribute is where quantity and type quickly raise the stakes. Under N.J.S.A. 2C:35-5, heroin or cocaine at five ounces or more is first degree. One-half ounce to under five ounces is second degree, and anything below a half ounce is third degree. Methamphetamine follows the same tiers, with five ounces or more as first degree and one-half ounce to under five ounces as second degree. LSD and PCP use different cutoffs, such as 100 milligrams of LSD or 10 grams of PCP for first degree.
For marijuana without a license to sell, weight still matters. Twenty-five pounds or more of marijuana, or five pounds or more of hashish, is first degree. Five to under 25 pounds of marijuana, or one to under five pounds of hashish, is second degree.
Quantity also matters to proof of intent. Jurors may consider how much you had, how it was packaged, and the surrounding circumstances when deciding if you planned to distribute. In cases where weight affects the degree, the jury must determine the amount.
Prosecutors can also add up separate sales or stashes to hit a higher weight tier when the indictment allows it, which can change the degree of the charge you face.
You are not powerless. A defense lawyer can challenge the weight, the drug ID, how police handled the evidence, and any claim that packaging or cash shows intent to sell. Getting a charge reduced from intent to simple possession can cut years off potential penalties.
What is CDS Possession?
Possession of a Controlled Dangerous Substance (CDS) in New Jersey is a criminal offense under N.J.S.A. 2C:35-10. Separately, there is a traffic offense for having CDS in a vehicle (N.J.S.A. 39:4-49.1), but that is distinct from criminal CDS possession.
Under the New Jersey Controlled Dangerous Substances Act (P.L.1970, c.226), “CDS” means substances listed on Schedules I–V (e.g., heroin, cocaine, methamphetamine, LSD, certain prescription medications). Paraphernalia is a separate offense governed by N.J.S.A. 2C:36-2/-3.
The penalties for drug offenses are outlined below. While CDS possession can result in imprisonment, it’s important to note that in certain situations, the judge may consider alternative options such as probation, diversion programs (like recovery court), and other sentencing alternatives.
- Crime in the Third Degree: Possession of any quantity of a Schedule I, II, III, or IV drug is a third-degree crime, punishable by three to five years’ imprisonment and a fine of up to $35,000 under N.J.S.A. 2C:35-10. New Jersey also has specific possession statutes for certain substances, like GHB (N.J.S.A. 2C:35-10.2) and flunitrazepam (Rohypnol) (N.J.S.A. 2C:35-10.3), which classify simple possession as a third-degree crime and permit fines up to $100,000.
- Crime in the Fourth Degree: Possession of any amount of a Schedule V drug is classified as a fourth-degree crime, leading to a maximum prison sentence of 18 months, a fine of up to $15,000, or both.
- Disorderly Persons Offense: Using or being under the influence of a CDS (other than marijuana/hashish) is a disorderly persons offense under N.J.S.A. 2C:35-10(b), punishable by up to 6 months in jail and a fine up to $1,000 under N.J.S.A. 2C:43-3(c).
If you’re facing charges related to CDS possession in New Jersey, seek the guidance of a New Jersey drug crimes lawyer. At Lustberg Law Offices, LLC, our team can provide essential guidance and support. With extensive experience in handling drug-related cases, we are equipped to strategize effectively, safeguarding your rights and seeking the most favorable outcome possible for your specific circumstance. Contact us today and take the next step in protecting your best interests and safeguarding your future.
| Offense / Classification | Imprisonment / Jail Time | Maximum Fine / Notes |
|---|---|---|
| Crime in the Third Degree | 3–5 years in state prison | Up to $35,000 fine; applies to possession of any quantity of a Schedule I–IV CDS; certain substances like GHB or Rohypnol can carry fines up to $100,000. |
| Crime in the Fourth Degree | Up to 18 months in state prison | Up to $15,000 fine; applies to possession of any amount of a Schedule V drug. |
| Disorderly Persons Offense | Up to 6 months in county jail | Up to $1,000 fine; applies to using or being under the influence of a CDS (other than marijuana or hashish). |
What do CDS Schedules mean?
Certain drugs and compounds may be classified as controlled substances in New Jersey and under federal law. These drugs can be divided into five lists or schedules. They are classified based on several factors, such as their current medical use, the potential for abuse, and the potential to cause addiction if abused. Schedule I drugs can be considered the most dangerous, and Schedule V drugs are the least dangerous.
A federal criminal case can also be filed against you if you are convicted of possessing, selling, or manufacturing a controlled substance. N.J. Code of Criminal Justice Section 2C:35-10 covers most CDS possession charges. The prosecutor must prove you were in physical or constructive possession of any drug or substance on one of the five Schedules to obtain a conviction for CDS Possession.
Anybody who violates New Jersey law and possesses a CDS listed in Schedule I, II, III, or IV is guilty of a third-degree criminal offense and may face a fine of up to $35,000. On and after the 2021 reforms, possession of more than six ounces of marijuana or more than 17 grams of hashish is a fourth-degree crime (fine up to $25,000). Possessing six ounces or less of marijuana or 17 grams or less of hashish by an adult is not a crime.
Anybody who violates New Jersey law and possesses a Schedule V controlled drug is guilty of a fourth-degree offense. A fine of up to $15,000.
Based on the list of controlled dangerous substances, penalties for drug offenses may be harsher or more severe.
New Jersey Drug Crimes Lawyer – Lustberg Law Offices, LLC
Adam M. Lustberg
New Jersey drug prosecutions move fast and hit hard. Attorney Adam M. Lustberg brings a defense-first mindset shaped by early service with the Essex County Public Defender’s Office and Seton Hall Law’s Juvenile Justice Clinic. From the first knock on the door through detention hearings, negotiations, and trial, he’s handled cases at every stage of the criminal process and argued more than 30 detention hearings under New Jersey’s criminal justice reform system.
Admitted in New Jersey and New York, Adam represents clients facing charges ranging from simple possession and distribution of CDS to weapons and violent-crime co-charges that often accompany drug cases. Known for meticulous preparation and strategic advocacy, he pairs deep courtroom experience with practical solutions, pursuing dismissals and suppression where warranted, and leveraging treatment-focused alternatives when they best protect your record and future.
Is Possession of CDS a Felony in NJ?
New Jersey uses the term “indictable offense” (first, second, third, or fourth-degree) rather than “felony.” Simple possession under N.J.S.A. 2C:35-10 is generally a third-degree (Schedules I–IV) or fourth-degree (Schedule V) indictable offense, with higher fines that the statute specifies for certain drugs. For cannabis, possessing more than six ounces of marijuana or more than 17 grams of hashish is a fourth-degree offense; possession at or below those amounts by an adult is not a crime. There is no disorderly-persons grade for adult cannabis possession under the current statute.
Possession of more than six ounces of marijuana or more than 17 grams of hashish by an adult is a fourth-degree indictable offense under N.J.S.A. 2C:35-10(a)(3)(b) (punishable by up to 18 months’ imprisonment under N.J.S.A. 2C:43-6(a)(4) and fines as provided in N.J.S.A. 2C:43-3).
New Jersey’s approach to handling drug offenses, such as through these steep penalties for CDS possession, reflects its commitment to deter individuals from possessing and potentially distributing illegal substances. Because the laws for CDS possession are so detailed and strict, you must get legal help right away to review your case. At Lustberg Law Offices, LLC, our attorneys can clarify any further queries and offer professional advice. Contact us today to schedule a consultation.
What Does “Failure to Make a Lawful Disposition” Mean Under New Jersey Law?
In New Jersey, “failure to make a lawful disposition” refers to a specific legal violation under N.J.S.A. 2C:35-10(c). This law addresses scenarios where an individual knowingly comes into possession of a controlled dangerous substance (CDS) and then fails to surrender these drugs to law enforcement authorities. This requirement to turn over drugs to the police is not just a guideline but a mandated legal duty once the individual is aware they possess the drugs.
Failure to make a lawful disposition is typically associated with drug possession charges. It is classified as a disorderly persons offense, which, while less serious than a felony, still carries significant consequences. If found guilty of this offense, an individual could face penalties including up to six months in jail.
The statute is clear that the obligation is on the person who possesses the drugs to voluntarily deliver them to the nearest law enforcement officer. This act is seen as a preventative measure in the broader effort to manage and mitigate illegal drug activities. Failure to comply with this law not only leads to criminal penalties but also potentially complicates any other related charges due to the possession or handling of illegal substances.
Contact an Experienced Criminal Defense Lawyer About Your Drug Charges in NJ
Were you arrested or charged with possession with intent to distribute CDS in NJ? A conviction can have severe consequences, including a permanent criminal record and the possibility of jail time. That is why you need to discuss your case with an experienced criminal defense attorney as soon as possible. The attorneys at Lustberg Law Offices, LLC have successfully represented clients charged with heroin distribution or marijuana possession with intent to distribute throughout NJ. Contact us today at (201) 880-5311 or fill out the online contact form to schedule a consultation. Our office is conveniently located at One University Plaza Dr., Suite 212, Hackensack, NJ 07601.
