Illegal Drug Possession
According to New Jersey Statute 2C:35-10, it is illegal to possess illegal drugs. Penalties for illegal drug possession depend on the amount of substances possessed by the accused.
- Crime of 1st degree: A person is charged with 1st degree criminal offense when found with possession of marijuana more than 25 pounds, more than five ounces of heroin or cocaine and more than 100 milligrams of Psilocybin/LSD. The accused may be imprisoned with a minimum of 10 to a maximum of 20 years with a fine of $300,000.
- Crime of 2nd degree: A person is charged with 2nd degree criminal offense when possession of marijuana exceeds five pounds, but is less than 25 pounds, more than ½ an ounce but less than five ounces of heroin or cocaine or less than 100 milligrams of psilocybin/LSD. The penalty is 5 to 10 years imprisonment with $150,000 fine.
- Crime of 3rd degree: A person is charged with 3rd degree criminal offense when found with more than one ounce but less than five pounds of marijuana, less than ½ an ounce of heroin or cocaine. The accused is liable for a fine of up to $35,000 or at least three (and up to five) years in prison, or both.
- Crime of 4th degree: For possession of more than 50 grams of marijuana, one can be charged with a 4th -degree criminal offense, which is punishable by up to 18 months in prison and a fine of up to $15,000.
- With possession of less than 50 grams of marijuana, an individual can face a disorderly person offense, 6 months in prison, a fine of $1,000, loss of driver’s license and drug rehabilitation.
- If a person offends a second time, then they might receive a penalty increase to a fine of up to $50,000, up to 36 months in prison, or both.
Charged with Drug Possession in New Jersey? Contact a Jersey City Drug Crime Lawyer
A drug possession charge can affect your record, your employment, and your future. Attorney Joel Silberman represents clients facing drug possession, CDS possession, and other drug crime charges in Jersey City, Hudson County, Newark, and throughout New Jersey.
Call The Law Offices of Joel Silberman LLC at 201-420-1913 or email joel@joelsilbermanlaw.com today to discuss your case and defense options.
