NJSA 2C:35-10 makes it illegal to knowingly possess drugs or as the statute calls them, “controlled dangerous substances”, not obtained via prescription. Likewise, being under the influence of such a substance is also against the law. Interestingly, a person can also be charged under this statute for having drugs in their possession and NOT turning them over to the police.
The type and quantity of the drugs controls the grading of the crime by the State, e.g. first degree, second degree, etc. For example, simple possession of heroin is generally considered a third degree crime, which is punishable by between three to five years in prison. Possession of less than 50 grams of marijuana is a disorderly persons level offense, and exposes the defendant to up to 180 days in the county jail, plus fines.
NJSA 2C:35-5, makes it illegal to possess or manufacture a CDS with intent to distribute (sell) it. Again, the quantity and type of the drugs or ingredients controls the grading of the crime. Oftentimes, the State will charge a defendant with this crime when they are found in possession of larger quantities of drugs, especially when they are packaged in a way that would not indicate individual consumption. For example, if a defendant was found with a large quantity of cocaine packaged in numerous small baggies rather than in one large one.
NJSA 2C:35-7 imposes additional and very severe penalties for possessing drugs with intent to sell or distribute them within 1,000 feet of a school, school property or even a school bus. Possessing or selling drugs within 1,000 feet of a school is a third degree charge, and exposes the defendant to mandatory imprisonment with mandatory minimum times in jail or prison which must be served. It doesn’t matter that the defendant didn’t know they were within 1,000 feet of a school, or that no actual juveniles were present. Of interest is the fact that the State must provide to the defendant a map showing the exact location of the offense and likewise showing that that location is in fact within 1,000 feet of a school.
NJSA 2C:35-7.1 imposes severe penalties for possession or selling drugs within 500 feet of a public park, public housing facility or a public building. Once again, it is no defense that the defendant was unaware of his proximity to such a location, and once again, the State must provide a map showing the location of the offense.
If you have been charged with possession of a CDS, possession with intent to distribute or either of these charges within 1,000 feet of a school or 500 feet of a public facility, you need an experienced criminal defense attorney.
Please call me immediately for a free consultation at (973)813-7672.
Christopher G. Porreca, Attorney at Law
222 Ridgedale Ave.
Cedar Knolls, NJ 07927
