New Jersey Drug Laws

When a prosecutor is determining whether to charge you with possession or possession with intent to distribute, two key factors will be explored.

  • The drugs weight while in your possession
  • Where you were arrested

Special Circumstances Regarding Drugs Charges

New Jersey law allows authorities to impose extra penalties on a person accused of drug charges, if they are arrested within 1,000 feet of a school or school bus. Extra penalties can also be imposed if you are caught holding drugs within 500 feet of a housing project or public park. Whether or not you had any idea these locations were near you; you can still have the extra penalties added to your case.

If the prosecutor in the case can prove that you planned to distribute drugs to minors or pregnant woman, the fines and sentence you would have received can be doubled.

Possession with Intent to Distribute CDS

The possession and intent to distribute heroin or cocaine has the most severe charges. If a person is found to have more than 5 oz. of this substance on their person, they will face 1st-degree criminal charges, which are punishable by up to 20 years in prison and fines as high as $500,000. Under New Jersey law, a convicted person must serve at least a 1/3 of their sentence before they would be eligible for parole.

The possession of methamphetamine, controlled substances, and other drugs also include harsh penalties including expensive fines and lengthy prison terms. As with marijuana, charges are based on the amount of drugs found on a person and where the person was arrested. Extenuating circumstances such as whether the arrest came from an undercover operation or whether the person was actively selling drugs to a minor or pregnant woman can also impact the seriousness of the charges.

Criminal Defense Attorney for Drug Charges

If you have been charged with drug possession with the intent to distribute, you need to contact a defense attorney as soon as you are arrested. Whether the prosecutor's case is strong and a conviction is likely or there is a chance to have the case dismissed, only a criminal defense attorney who has argued these types of cases before has the experience to advise you in this situation.

Contact Daniel E. Berger, Esq., to explain New Jersey's complicated drug laws and the aspect of your case to you. Mr. Berger offers assistance 24 hours a day, seven days a week, and free consultations.

In New Jersey, you can be charged with possession with intent to distribute, if the amount of drugs on the person is considered more than enough for recreational use. Usually, less than half an ounce of marijuana or a single Ecstasy tablet will not attract an intent to distribute charge. But, that is not the case with more serious drugs such as methamphetamine, crack cocaine, or heroin. A person caught with even small amounts of drugs can have a simple possession charge turned into a possession of drugs with the intent to distribute charge, which is a much more serious crime.