Drug Offenses

Drug Possession Attorneys

Charges for possessing Controlled Dangerous Substances (CDS) in New Jersey carry serious consequences. A conviction can lead to a permanent criminal record, significant fines, and possible incarceration. Additionally, those convicted under N.J.S.A. 2C:35-10, N.J.S.A. 2C:36-2, or 2C:36-6 face a mandatory loss of driving privileges for up to two years. If charged with possessing CDS in a motor vehicle (under N.J.S.A. 39:4-49.1), the penalties include heavy fines and a mandatory two-year driver’s license suspension.

For first-time offenders, there may be diversionary programs available, such as the Conditional Discharge (CD) or Pre-Trial Intervention (PTI) programs. These allow for probation and, upon successful completion, the charges may be dismissed.

New Jersey’s drug schedules, outlined in Schedules I-V, include a variety of illegal substances such as prescription medications, chemical compounds, and synthetic drugs. Possession of these substances could lead to heavy fines and a mandatory Drug Enforcement and Demand Reduction (DEDR) Penalty of up to $3,000. Depending on the type and amount of drugs found, individuals may face either disorderly persons offenses, handled in Municipal Court, or indictable crimes, handled in Superior Court. Charges related to the distribution or intent to distribute CDS are treated as indictable offenses and carry mandatory prison terms.

Due to the complexity and seriousness of these charges, it is essential to consult an experienced attorney who understands the legal defenses that may apply in your case. Nicholas Moschella, with years of experience as a criminal defense attorney and former Municipal Prosecutor in many Burlington County towns, is well-equipped to handle these cases. Call the Law Office of Nicholas A. Moschella, Jr., LLC for a FREE CONSULTATION at (609) 875-2775.

Burlington County Drug Paraphernalia Attorneys

In New Jersey, possessing drug paraphernalia is treated similarly to possessing drugs themselves. Under N.J.S.A. 2C:36-1, the law prohibits possession of items intended for use with controlled substances. Conviction under this statute can result in a permanent criminal record, fines, possible probation, and up to two years of driver’s license suspension. Common charges include possession of drug paraphernalia (N.J.S.A. 2C:36-2) or possession/distribution of hypodermic syringes (N.J.S.A. 2C:36-6). These offenses are classified as disorderly persons offenses and carry fines of up to $1,000 and potential jail time.

The law defines drug paraphernalia as any equipment or materials intended for producing, using, or storing controlled substances. This includes items like pipes, bongs, syringes, and scales, as well as tools for manufacturing or packaging drugs. Factors such as the object’s use, its location relative to CDS, and any residue can all be considered when determining whether an item qualifies as paraphernalia.

If charged with possession of drug paraphernalia, an experienced attorney can help explore legal defenses. Nicholas Moschella has extensive experience handling drug and paraphernalia cases in both Municipal and Superior Courts. With his background as a former Municipal Prosecutor, he can assess the details of your case and advocate for your rights.

CONDITIONAL DISCHARGE PROGRAM

In New Jersey Municipal Courts, first-time drug offenders may be eligible for the Conditional Discharge (CD) Program, a diversionary program that can significantly reduce the penalties associated with drug charges. If accepted into this program, a defendant can avoid a criminal conviction, a license suspension, and some fines. Successful completion of the CD program may result in the dismissal of charges and the possibility of expunging the case from the record.

To qualify for CD, you must not have any prior drug convictions or participation in any other diversionary programs. If eligible, a motion must be made to the Municipal Court, and the judge has the discretion to approve or deny your participation. If granted, you’ll avoid many of the typical consequences of a drug charge, and upon completion, you can apply for an expungement. However, entry into the program is not automatic; a skilled attorney is necessary to guide you through the process and ensure eligibility.

Nicholas Moschella, a former Municipal Prosecutor in Burlington County, has helped countless clients with Conditional Discharge applications. His expertise in this area can help you navigate the process and achieve the best possible outcome. Call The Law Office of Nicholas A. Moschella, Jr., LLC at (609) 875-2775 for a FREE CONSULTATION.

Schedules of CDS

Schedule I Controlled Dangerous Substances

The substance has high potential for abuse and has no accepted medical use in treatment in the United States, or it lacks accepted safety for use in treatment under medical supervision. (N.J.S.A. 24:21-5)

• 2C-B (Nexus, Venus)
• 5-MeO-DMT (DMT)
• Benzylpiperazine (BZP)
• Dimethyltryptamine (DMT, Fantasia, Businessman’s Special)
• Gamma-Hydroxybutyric Acid (GHB)v
• Hashish, Hash Oil
• Heroin
• Lysergic Acid Diethylamide (Acid, LSD)
• MDMA (Ecstasy)
• Mephedrone ( Bath Salts)
• Methagualone
• Psilocybin( Mushrooms)
• Synthetic Cannabinoids(Spice, K2, Herbal Incense)
• Tenamfetamine 3,4-Methylenedioxyamphetamine (MDA) Mescaline and Peyote

Schedule II Controlled Dangerous Substances

The substance has a high potential for abuse and has currently accepted medical use in the United States with severe restrictions. In addition, abuse of a Schedule II C.D.S. may lead to psychic or physical dependence. (N.J.S.A.24:21-6)

• Amphetamines (Adderall, Dexedrine, etc.)
• Barbiturates
• Coca
• Cocaine
• Crack Cocaine
• Codeine
• Hydrocodone (Vicodin)
• Fentanyl (China White, Apache, Lollipop, King Ivory, etc.)
• Methadone (Dolophine, Dollies, Fizzies, Wafer)
• Methamphetamine (Meth), Crank, Ice, Speed
• Methylphenidate (MPH, Ritalin, Concerta, Smarties, Skittles)
• Morphine (Morph, Miss Emma, Dreamer)
• Opium
• Oxycodone
• Phencyclidine (PCP)

Schedule III Controlled Dangerous Substances

The substance has a potential for abuse less than the substances listed in Schedule I and II and has currently accepted medical use in treatment in the United States. In addition, abuse of a Schedule III C.D.S. may lead to moderate or low physical dependence or high psychological dependence. ( N.J.S.A. 24:21-7)

• Amphetamines (Adderall, Dexedrine)
• Anabolic Steroids
• Barbiturates
• Buprenorphine
• Codeine
• Diazepam
• Dronabinol (Marinol)
• Hydrocodone (Vicodin)
• Ketamine
• Morphine (less than 50mg per 100g or with a non-narcotic medication added )
• Xanax
• Xyrem (containing GHB)

Schedule IV Controlled Dangerous Substances

The substance has low potential for abuse relative to the substances listed in Schedule III and has currently accepted medical use in treatment in the United States. In addition, abuse of a Schedule IV C.D.S. may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III. (N.J.S.A. 24:21-8)

• Alprazolam (Xanax)
• Barbiturates
• Certain Products Containing Codeine
• Chloral Hydrate
• Clonazepam (Klonipin, Valpax)
• Diazepam (Valium)
• Flunitrazepam (Date-Rape Drug)
• Lorazepam, Ativan
• Meprobamate
• Paraldehyde
• Phenobarbitol
• Zolpidem (Ambien, Stillnox, Zolpimist)

Schedule V Controlled Dangerous Substances
Typically includes other higher schedule drugs in lower doses. Schedule V substances have low potential for abuse relative to the substances listed in Schedule IV and has currently accepted medical use in treatment in the United States. In addition, abuse of a Schedule V C.D.S. may cause limited physical dependence or psychological dependence relative to the substances listed in Schedule IV. (N.J.S.A. 24-21-8.1)

Drug Enforcement and Demand Reduction (DEDR) Penalties in New Jersey

In New Jersey, individuals convicted of drug-related offenses under Chapter 35 of Title 2C (N.J.S.A. 2C:35 et al.) are subject to additional mandatory penalties known as Drug Enforcement and Demand Reduction (DEDR) penalties. These penalties are applied in addition to other fines or penalties associated with the specific offense.

The severity of DEDR penalties varies depending on the degree of the crime. Below are the penalties based on the level of the offense:
(1) $3,000.00 in the case of a crime of the First Degree;
(2) $2,000.00 in the case of a crime of the Second Degree;
(3) $1,000.00 in the case of a crime of the Third Degree;
(4) $750.00 in the case of a crime of the Fourth Degree; and
(5) $500.00 in the case of a Disorderly or Petty Disorderly Persons Offenses.
These penalties are required, except for indigent defendants who qualify for Public Defender services.

Possession with Intent to Distribute CDS

Under N.J.S.A. 2C:35-5, it is illegal to manufacture, distribute, dispense, or possess a controlled dangerous substance (CDS) with the intent to do so. This includes the distribution of counterfeit CDS.

If arrested for possession with intent to distribute in New Jersey, the penalties can be severe. A conviction may lead to:

• State prison sentences, with mandatory terms
• Fines exceeding $35,000
• Probation
• Loss of driving privileges

The charge can be proven without the actual sale or distribution of drugs, based on evidence such as the quantity or type of drugs found in your possession. A prior conviction for distribution or related offenses could lead to longer sentences, including mandatory extended terms or periods of parole ineligibility.

Additionally, if the offense occurred near a school (within 1,000 feet) or certain public properties (within 500 feet), the penalties may be even more severe (N.J.S.A. 2C:35-7 et al.).

For a free consultation about your case, contact The Law Office of Nicholas A. Moschella, Jr., LLC at (609) 875-2775.