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New Jersey Possession of CDS: Intent and Distribution

New Jersey Possession of CDS: Intent and Distribution

Controlled Dangerous Substances in New Jersey

A controlled dangerous substance is defined as a drug that is classified as having potential for abuse. This can be something as legal as a prescribed high strength painkiller like oxycodone or anxiety medication like Xanax to something as serious and completely illegal like heroin or cocaine. Possession of a controlled dangerous substance in New Jersey brings serious penalties if you are charged especially in situations that involve distribution or the intent to distribute. Distribution and intent to do so are considered much more severe.

List of Substances Considered to be a CDS in New Jersey

Controlled dangerous substances fall under a variety of Schedule categories. Depending on the potential level for abuse is usually the deciding factor on what level it will be categorized under. It is important to note that some CDS are legally obtainable with an official medical prescription while others are completely banned in regards to creation, possession, or distribution.
The following are considered CDS in New Jersey:

  • Schedule V Drugs: These CDS are legally allowed for medical use, have low potential for abuse, and have limited causation regarding physical dependence. Drugs like opium, codeine, or ethylmorphine can be classified at this level as long as the quantities illegally obtained are over a certain amount
  • Schedule VI Drugs: These are drugs with important medical purpose but are known for being potentially addictive. They are still considered to be low potential for abuse. This schedule includes drugs like Ambien, Xanax, or Barbital
  • Schedule III Drugs: These include drugs that can be legally prescribed but have higher potential for abuse like Ritalin and amphetamines
  • Schedule II Drugs: These are legally prescribed drugs that doctors are often cautious to prescribe due to their high potential for abuse such as OxyContin, opiates, methadon, and Fentanyl
  • Schedule I Drugs: These are classified as the most dangerous controlled substances with no legally approved medical use and seriously high potential for abuse and easily able to cause dependance. This includes drugs like heroin, LSD, cocaine, and others

It is important to note that although marijuana is being considered medically appropriate for prescription and treatment for pain, anxiety, and other issues, many states still classify marijuana as Schedule I.

Penalties Associated with Distribution and Intent to Distribute for CDS in New Jersey

As a general rule, the more seriously addictive the drug and the more of the drug that a person is in possession of, the worse the penalties associate. Generally when someone is caught with possession of a high quantity of the drug, it is assumed they had an intent to distribute. They are only charged with actual drug distribution if they are caught doing so or reported for it or have a lot of money on hand indicating sales. It is important to note that penalties will occur separately for both possession and distribution charges. Depending on the drug and amount a person can face anywhere from 6 months up to several decades in prison, $100 to thousands in fines, loss of driver’s license, and mandatory rehabilitation.

Unique Things Regarding Drug Distribution Crimes

Just because you have acquired drugs to share with a friend does not mean you will only be charged with possession. Technically, this can still count as distribution as you are giving that drug to someone else. In New Jersey, cutting agents and baggies themselves can also count towards the weight of the drug you are caught possessing. Usually penalties get worse based on weight, so when you are only carry 2 oz but a cutting agent brings it to 4oz, this can spell serious trouble depending on the drug. These scenarios can affect your case if you are charged with distribution or intent to distribute.

Contact an Experienced Haddon Township Drug Defense Attorney About Your CDS Drug Crime Charges in New Jersey

Have you been charged with a drug crime in New Jersey? A drug crime conviction can carry with it heavy fines, jail time, and driver’s license suspension! That is why it is imperative that you speak with a qualified drug defense lawyer about your case. The lawyers at The Law Office of Jill R. Cohen represent clients charged with use, possession, production, distribution, and related drug offenses in Camden, Cherry Hill, Gloucester Township, Winslow, and throughout New Jersey. Call (856) 242-7177 or fill out our confidential online contact form to schedule a free consultation about your case. We have an office located at 210 Haddon Avenue, Westmont, NJ 08108.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.