When a person is charged with drug possession in New Jersey, they are facing serious consequences that can follow them throughout their lives long after they have served their time. In New Jersey, law enforcement has outlined two different types of possession; actual possession and constructive possession. Actual possession is the case when the offender is fully aware that they have the illegal property on their person and knows exactly what it is. Constructive possession exists when the offender doesn’t have the property on their person but is aware that they have the full ability and intent to seize the property and take control of it.
Drugs in New Jersey are categorized into schedules depending on the perceived level of danger and addiction potential that exists. Schedule I drugs include marijuana, ecstasy, peyote, LSD, and heroin. These are considered to be the most addictive and dangerous drugs available. Due to New Jersey’s heroin epidemic, law enforcement is doing everything they can to crack down on drugs to limit the number of fatal heroin overdoses seen each year. Schedule II drugs are less dangerous but still very addictive. These can include Methadone, Cocaine, Adderall, OxyContin, Vicodin, Dilaudid, and Methamphetamine. The schedules include III, IV, and V, all which decrease in danger, level of addiction potential, and have known health benefits.
Charges and consequences range depending on the drug. For example, the possession of 50 grams of marijuana or less is just a disorderly person’s offense, and a maximum fine of $1,000 and up to 6 months in jail. This is the least serious drug-related penalty of them all. However, if a person is charged with possession of heroin, they may be facing a felony and much more jail time.
If you have been charged with drug possession in New Jersey, contact an experienced criminal defense attorney who can provide you with assistance today. Your attorney can assess the crux of the problem and fight for your rights.
If you are in need of experienced legal counsel in New Jersey, please contact Tomes & Hanratty, P.C. and we will be happy to assist you.