You may find yourself in quite a predicament if a law enforcement officer finds drugs in your home or vehicle during a lawful search and seizure. However, whatever you do, you must remain calm in the moment. In the end, the extent of criminal penalties you may be up against may depend on the type of drug found in your possession, among other considerable factors. With this in mind, read on to discover the different penalties for drug possession and how a seasoned Morristown criminal defense lawyer at Graves Andrews, LLC can help you avoid being charged with such.
What are the different drug classifications in New Jersey?
Before all else, New Jersey criminal law observes the Food and Drug Administration’s (FDA) classification of drugs when determining penalties for drug possession. Namely, there are Schedule I, II, and III controlled substances.
Firstly, Schedule I controlled substances are considered those that have no acceptable medical use but rather a high risk of potential abuse by their users. Specific examples include heroin, lysergic acid diethylamide (LSD), peyote, ecstasy, and marijuana. Notably, though, New Jersey is one of the few states that has legalized the recreational possession of marijuana, so long as it is below a specified, lesser amount (i.e., six ounces).
Secondly, Schedule II controlled substances may have acceptable medical use and therefore may be made available by prescription, but may still have a high potential for abuse by their users. Specific examples include hydromorphone, methadone, and oxycodone.
Lastly, Schedule III controlled substances may be prescription medications that have little potential for abuse by their users. Specific examples include buprenorphine, ketamine, and anabolic steroids.
What are the different penalties for drug possession in New Jersey?
To reiterate, the penalties you may be up against for drug possession may depend on whether it is categorized as a Schedule I, II, or III controlled substance. Generally speaking, though, it may be considered a third-degree crime with a prison sentence of three to five years and a fine of up to $35,000. As far as marijuana possession, though, being found with an amount of more than six ounces may come with a prison sentence of 18 months and a fine of up to $25,000.
Further, your penalties may differ if you were found to possess certain drugs in your vehicle at the time of a routine traffic stop. That is, you may be subject to the loss or suspension of your driver’s license.
What’s more, your penalties may be harsher if you were found to possess a large quantity of drugs at the time of a lawful search and seizure. This is because you may now be accused with the intention to distribute these drugs, which is considered a more serious criminal offense under New Jersey law.
We understand just how delicate this situation may be for you. If you need an emotional support system that doubles as a legal support system, look no further than Graves Andrews, LLC. Retain the services of a competent Morristown criminal defense lawyer today.
