DRUG POSSESSION AND DRUG DISTRIBUTION CHARGES LAWYERS
Possessing or distributing a narcotic or a “controlled dangerous substance” (CDS) is against the law in the state of New Jersey. Controlled substances include drugs, such as heroin, cocaine and methamphetamine, but they can also include marijuana and prescription drugs.
If you have been charged with any type of drug possession NJSA 2C:35-10(a)(1) or drug distribution NJSA 2C:35-5, you need an experienced criminal defense team on your side. Under certain circumstances drug crimes may be prosecuted under Federal Law. These charges include possession or distribution of a controlled substance 21 U.S.C. 841, 21 U.S.C. 842, 21 U.S.C. 843, maintaining a drug manufacturing premises 21 U.S.C. 856, Distributing near schools or colleges 21 U.S.C. 860, Drug Paraphernalia 21 U.S.C. 863.
Although each case is different, together we can review the circumstances of your case and help you obtain the most favorable outcome possible in your case.
Heroin
Fentanyl
Cocaine
Marijuana
Methamphetamine
Ecstasy, MDMA
K2
Ketamine
LSD
Oxycodone
Adderall
Valium
Ritalin
Vicodin
Xanax
OxyContin
Percocet
Hydrocodone
Imitation drugs
Possession & Distribution oF Drugs
It is illegal to possess drugs without a valid prescription or to distribute drugs without holding the license to do so, such as a pharmacy or medical doctor’s license. The severity of a drug charge usually increases with “weight,’” however possessing even the smallest amount of drugs can lead to a criminal charge. Also the penalties increase with the following:
Possession of CDS with the intent to distribute within 1000’ feet of a school or 500’ of public property
Selling, distributing, giving away drugs (NJSA 2C:35-5,
21 U.S.C. 841, 21 U.S.C. 842, 21 U.S.C. 843)
Manufacturing drugs
Conducting these activities with or in the presence of a minor
Possessing a firearm while committing a drug offense
Under state law, penalties upon conviction for various drug crimes can range from 6 months in prison and $1,000 in fines to up to 20 years in prison and fines, depending upon the amount of drugs in the defendant’s possession (or which the defendant intends to distribute).
The penalties under federal law vary based upon a person’s criminal record, the type and quantity of the substance as well as any aggravating factors. These penalties can include fines and incarceration up to life imprisonment.
Additionally, possessing or selling drug paraphernalia is punishable under both federal law and New Jersey state law. Some common examples of drug paraphernalia include the following:
Bongs or pipes that are used to smoke marijuana or other drugs
Glassine folds or plastic baggies that are used to hold, carry, transport, or distribute drugs
Grinders
Scales that are used to weigh drugs
Equipment used to make drugs
Defenses to Drug-related Charges
There are many different ways to defend against drug-related charges, depending on the specific circumstances of a particular case. Some common defenses include:
The substance was not CDS
Did not knowingly possess the drugs
Possession only for personal use, which is a lesser charge than distribution
Lawfully prescribed
