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? Contact Drug Crime Attorney in Jersey City, NJ
The Law Offices of Joel Silberman has highly qualified and devoted drug crime attorneys ready to fight for you. We will discuss your case, and decide the best course of action. We serve all through New Jersey, Jersey City and Newark. Call us today at 201-420-1913 for a consultation with Attorney Joel Silberman.