Drug Crime

Misdemeanor Drug Possession in New Jersey

In New Jersey, misdemeanor drug possession is charged to a person when he is found under the influence of marijuana or hashish, or has failed to surrender the controlled substance to a nearby police officer. Marijuana possession of less than 50 grams and possession of drug paraphernalia is also classified as a misdemeanor.

If caught with illegal drugs while driving, then your driver’s license can be suspended for 6 months to 2 years. You may also be sentenced to jail for up to six months and face a fine of up to $1,000.

Misdemeanor Drug Possession Charges in New Jersey

Misdemeanor drug charges in NJ include:

  • 6 months to 1 year imprisonment (N.J.S.A. 2C:43-8)
  • A fine of up to $1000 (N.J.S.A. 2C:43-3(c))
  • Loss of public housing (N.J.S.A. 2A:18-61.1)
  • If the accused stays in a rented home, then eviction is possible. (N.J.S.A. 2A:18-61.1)
  • If caught while driving with illegal drugs, then loss of driving privileges for no less than six months and up to two years is possible. (2C:35-16),
  • If caught while driving and marijuana is found in the car, then mandatory loss of driving privileges for two years results. (N.J.S.A. 39:4-49.1)
  • A term of community service (N.J.S.A. 2C:43-2b(5))
  • An obligatory $75 Safe Neighborhoods Services assessment (N.J.S.A. 2C:43-3.2)
  • A compulsory $50 lab fee (2C:35-20)
  • A compulsory $50 Victims of Crime Compensation Board penalty (2C:43-3.1a(2)(a))
  • An obligatory $500 Drug Enforcement Demand Reduction penalty (N.J.S.A. 2C:35-15(e))
  • A period of trial of up to five years (N.J.S.A. 2C:43-2b(2)
  • Using or being under the influence of any drugs not for the purpose of treating a sickness or injury (as legally prescribed by a licensed physician) incurs a fine of up to $50. (N.J. Stat. Ann. §2C:35-10.)

Drug Crime Defense Attorney

If you are charged with a misdemeanor drug offense, then talk to a drug crime lawyer at The Law Offices of Joel Silberman. We serve all areas in New Jersey. You will receive a 24/7 dedicated line to contact. Call us today at 201-420-1913 or email joel@joelsilbermanlaw.com.

Is Possession of a Controlled Substance a Felony?

Possession of a controlled substance can be a felony or a misdemeanor, and can lead to serious criminal charges. When charged with a drug crime, a drug crime lawyer can help you.

Influences on whether possession of a controlled substance is a felony or not:

The Intention: Possession of a controlled substance with intent to distribute may result in felony charges. Possession of a controlled substance for one’s personal use results in less punishment than the intent to distribute.

Type of Drug: Punishments may differ depending on the type of drugs. Possession of some drugs may result in severe punishment. For instance, marijuana possession is usually a misdemeanor charge, while in some states it may result in a traffic citation. Possession of methamphetamines or crack cocaine may result in felony charges.

Quantity/ Amount of Drug: One can be charged with a felony, if he/she is found possessing a higher amount of controlled substance. According to drug laws in many states, the charges may shift from misdemeanor to a felony depending on the possession of a substance over a certain amount.

Penalties for possession of a controlled substance

Penalties for possession of a controlled substance depend on the way the substances are classified in the state schedule. The more dangerous a substance is, the more the felony charges. Felony charges usually result in fines along with jail sentences for more than a year. Misdemeanors usually result in fines accompanied by jail time of less than one year.

Contact Drug Crime Attorneys at The Law Offices of Joel Silberman, LLC

If you wish to hire a drug crime lawyer in New Jersey, then contact The Law Offices of Joel Silberman, LLC. Our experienced and tough NJ drug defense lawyers will defend your rights and fight to keep you out of jail. For free initial consultation, call 201-420-1913 today. You can also email joel@joelsilbermanlaw.com.

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