Possession of a Controlled, Dangerous Substance
New Jersey Statutes Annotated 2C:35-10: Possession, use or being under the influence, or failure to make lawful disposition
It is a crime or offense under this law to:
- Knowingly or purposely obtain, or possess, actually or constructively, a controlled dangerous substance or controlled substance analog;
- Unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice.
- Use, or be under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician;
- Knowingly obtains or possesses a controlled dangerous substance or controlled substance analog and who fails to voluntarily deliver the substance to the nearest law enforcement officer.
First degree crime
This is a crime of the first degree when it involves:
- Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs;
- (but not decocainized coca leaves or extractions which do not contain cocaine or ecogine);
- In a quantity of five ounces or more including any adulterants or dilutants.
OR
- 100 milligrams or more LSD (or its analog) including any adulterants or dilutants, or
- Phencyclidine, or its analog, in a quantity of 10 grams or more including any adulterants or dilutants;
- Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of five ounces or more including any adulterants or dilutants;
- Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or more than 50 marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants.
First degree crimes are punishable by:
- Imprisonment for ten to twenty years;
- A fine of up to $500,000; or
- Both.
The minimum term of imprisonment with parole ineligibility must be between one-third and one-half of the sentence imposed.
Second degree crime
This is a crime of the second degree when it involves:
- Heroin or cocaine in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants, or;
- A Schedule I or II narcotic drug, or the analog of any such substance, in a quantity of one ounce or more including any adulterants or dilutants; or
- Less than 100 milligrams of LSD (or its analog) including any adulterants or dilutants; or
- Phencyclidine, or its analog, in a quantity of less than 10 grams including any adulterants or dilutants;
- Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of one-half ounce or more but less than five ounces including any adulterants or dilutant;
- Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants.
Second degree crimes are punishable by:
- Imprisonment for five to ten years;
- A fine of up to $150,000; or
- Both.
Third degree crime
This constitutes a crime of the third degree when it involves:
- A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV
Third degree crimes are punishable by:
- Imprisonment for three to five years;
- A fine of up to $35,000; or
- Both.
Fourth degree crime
This constitutes a crime of the fourth degree when it involves:
- Any controlled dangerous substance, or its analog, classified in Schedule V; or
- Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish.
Fourth degree crimes are punishable by:
- Imprisonment for up to eighteen months;
- A fine of up to $25,000;
- Both.
Disorderly persons offense
This constitutes a disorderly persons offense when it involves:
- Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish;
- Being under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician;
- Knowingly obtaining or possessing a controlled dangerous substance or controlled substance analog and failing to voluntarily deliver the substance to the nearest law enforcement officer.
Disorderly persons offenses are punishable by:
- A term of imprisonment for up to six months;
- A fine of up to $1,000; or
- Both.
Community service
Any person who commits any offense defined in this section:
- While on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board; or
- Within 1,000 feet of any such school property or a school bus; or
- While on any school bus; and
- Who is not sentenced to imprisonment;
Must perform at least 100 hours of community service.
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