Why Sharing Prescription Drugs Is Against the Law

Prescription medications are issued based on a doctor’s evaluation of a specific patient’s medical needs. When someone else takes that medication, they skip the medical assessment and risk using a drug that could be dangerous for them. That’s why both federal and New Jersey laws restrict who can possess and use prescription drugs.

In legal terms, sharing a prescription medication counts as an unauthorized distribution. You don’t need to sell the drug for it to be considered illegal. Simply handing it to someone else is enough to violate the law.

New Jersey Law and Prescription Medication

In New Jersey, the law governing unauthorized prescription drug sharing is covered under N.J.S.A. 2C:35-10.5. This statute makes it illegal to distribute, possess, or use certain prescription medications without a valid prescription.

Sharing medication, even once and without any money changing hands, can result in criminal charges. If the medication is classified as a controlled dangerous substance, the penalties can be especially serious.

Charges may include:

• A disorderly persons offense, similar to a misdemeanor

• An indictable offense, similar to a felony, for certain types or quantities of drugs

Consequences can range from fines and probation to possible jail time, depending on the circumstances.

Common Medications That Lead to Legal Trouble

Not all prescription medications are treated the same under the law. Those that fall under the category of controlled substances carry higher risks when shared. These include:

• Painkillers such as oxycodone or hydrocodone

• ADHD medications like Adderall or Ritalin

• Anti-anxiety drugs including Xanax or Ativan

• Sleep medications like Ambien

• Muscle relaxants and other sedatives

Even offering just one pill of any of these drugs to a friend can result in criminal charges.

Can You Be Arrested for Sharing Medication?

Yes. Both the person who gave the medication and the one who received it can face charges. Law enforcement takes these offenses seriously, especially if the incident occurs in a school zone, workplace, or public setting. Charges may also arise if the shared medication leads to a medical emergency or is discovered during a separate investigation.

Safer Alternatives if a Friend Needs Help

While it’s natural to want to help someone in pain or distress, there are safer and legal ways to do so. Instead of sharing your medication, you can:

• Suggest they visit an urgent care center or contact a telehealth provider

• Help them make an appointment with a licensed medical professional

• Look into affordable clinics or prescription assistance programs

Helping your friend find proper care is always a better option than risking legal consequences.

What to Do if You’re Facing Charges

If you’ve been accused of illegally sharing or distributing prescription medication, it’s important to take the charges seriously. A conviction can affect your future, including your career, education, and reputation.

A qualified criminal defense attorney can evaluate your situation, explain your legal options, and fight to reduce or dismiss the charges. You may also be eligible for a conditional discharge or other alternatives depending on your record and the nature of the offense.

Final Thoughts

Helping a friend by sharing your prescription medication may seem like the right thing to do in the moment, but it can lead to unintended and serious legal trouble in New Jersey. Understanding the law — and helping others find the right medical care — is the safest way forward.

If you’re facing drug-related charges or have questions about your rights, contact our office for a confidential consultation.

The post Is It a Crime to Let a Friend Use Your Prescription Medication in New Jersey? appeared first on NJ Criminal Defense.

Understanding New Jersey’s Drug Laws

New Jersey categorizes controlled dangerous substances (CDS) into five schedules based on their potential for abuse and accepted medical use. The penalties for drug possession vary depending on the type and amount of the substance. Possession of smaller amounts of marijuana, for instance, carries less severe penalties compared to possession of larger quantities of cocaine or heroin. Regardless of the substance, mounting a strong defense is crucial.

Common Defenses in Drug Possession Cases

Let us now talk about the most common defenses seen in cases of drug possession.

Illegal Search and Seizure

One of the most powerful defenses in drug possession cases is challenging the legality of the search and seizure that led to the discovery of the drugs. The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement officers conducted the search without a valid warrant or probable cause, any evidence obtained can be deemed inadmissible in court. For instance, if drugs were found during a traffic stop where the officer had no legal basis to search your vehicle, your attorney could file a motion to suppress the evidence, potentially leading to the dismissal of charges.

Lack of Possession

To convict someone of drug possession, the prosecution must prove that the defendant knowingly and intentionally possessed the drugs. This can be complicated in cases where the drugs were not found on the person but in a location accessible to multiple people, such as a shared apartment or car. In these scenarios, a defense attorney can argue that the drugs did not belong to the defendant or that the defendant was unaware of their presence. For example, if drugs are found in a vehicle with several passengers, it may be difficult for the prosecution to prove who owned the drugs.

Chain of Custody Issues

In any criminal case, the prosecution must establish a clear and unbroken chain of custody for the evidence. This means that the drugs must be accounted for from the moment they are seized until they are presented in court. If there are gaps or discrepancies in this chain, the evidence could be compromised. A defense attorney can scrutinize the chain of custody records and argue that the evidence may have been tampered with, contaminated, or misidentified, thereby challenging its reliability.

Entrapment

Entrapment occurs when law enforcement officers induce a person to commit a crime that they would not have otherwise committed. In drug possession cases, this defense can be used if the defendant was coerced or persuaded by an undercover officer or informant into possessing or purchasing drugs. For entrapment to be a valid defense, it must be shown that the defendant had no predisposition to commit the crime and that the government’s actions were the primary factor leading to the criminal act.

Prescription Defense

For certain controlled substances, having a valid prescription from a licensed medical practitioner can be a complete defense against possession charges. If you are charged with possessing a drug that you have been legally prescribed, presenting the prescription can exonerate you. This defense is particularly relevant for medications like painkillers or other controlled prescription drugs that are commonly found in possession cases.

Constructive Possession

Constructive possession implies that while the defendant did not have physical possession of the drugs, they had the intent and ability to control them. Defending against constructive possession charges involves demonstrating that the defendant had no knowledge of the drugs’ presence or no control over them. For instance, if drugs were found in a rental property where the defendant occasionally stayed, proving that the defendant had no control over the location of the drugs can be a strong defense.

Conclusion

Facing drug possession charges in New Jersey can be daunting, but it’s important to remember that there are numerous defenses available. Each case is unique, and the best defense strategy depends on the specific facts and circumstances. By working with an experienced criminal defense attorney, you can explore these defenses and fight to protect your rights and future. Whether it’s challenging the legality of the search, disputing possession, or questioning the handling of evidence, a robust defense can make all the difference in the outcome of your case.

The post Common Defenses in Drug Possession Cases in New Jersey appeared first on NJ Criminal Defense.

Some controlled dangerous substances are man-made, such as methamphetamine and MDMA. They can be made in homes with the use of laboratory equipment and purchased ingredients. Making any type of controlled dangerous substance is illegal in New Jersey and incurs the same consequences as possessing and distributing these drugs. For example, selling more than five ounces of methamphetamine is a first degree crime and punishable by a jail sentence of up to twenty years and fines of up to $300,000. Making five ounces of methamphetamine, regardless of whether or not the defendant intended to sell it, carries these same penalties.

Methamphetamine has become more popular in recent years, partially because it’s fairly simple to make in home-based “meth labs.” To create crystallized methamphetamine, “crystal meth” as it’s known to users, precursor chemicals are mixed and left to react, which forms a layer of methamphetamine. This layer is then poured into cold acetone and left to crystallize. Once the crystals form from the reaction between the two substances, they are harvested and can be smoked. Although methamphetamine is one of the easier and more common substances to manufacture at home, it is not the only one. With the right equipement, ecstacy can be produced, heroin can be made from extracting morphine from the poppy plant, and crack cocaine can be created using cocaine and only a few other ingredients.

Just like with distributing drugs, the charges a defendant faces for manufacturing drugs is based on the type and amount of the controlled dangerous substance or substances he or she was found guilty of making. Controlled dangerous substances are categorized into groups called schedules. All the drugs in each schedule share common traits, such as potential for abuse and legal use in the medical field. See our page on drug distribution to learn more about the schedules of controlled dangerous substances and the drugs found in each.

Marijuana is not classified by schedule like other drugs, but there are penalties for cultivating, possessing, and selling it in New Jersey. These penalites are discussed in detail on our marijuana charges page.

Any person found operating a drug production facility that makes any Schedule I or II substance, methamphetamine, heroin, cocaine, marijuana, lysergic acid diethylamide, flunitrazepam, gamma hydroxybutyrate, phencyclidine, or its analog, is subject to harsher penalties than if he or she had been caught simple distributing one of these substances.

N.J.S.A. 2C:35-4 defines the penalties for owning or maintaining a controlled dangerous substance production operation. This is a first degree crime, which is punishable by a jail sentence of ten to twenty years. For operating a drug production facility, a guilty defendant must serve at least one third to one half of his or her sentence before he or she may be eligible for parole. The court has the right to override this rule and grant the defendant parole, though. In addition to the jail term, the court may require the defendant to pay a fine of up to $750,000 or up to five times the amount of money the drugs found in his or her facility at the time of the arrest were worth.

Financing or otherwise promoting an illegal drug production facility is also a first degree crime under N.J.S.A. 2C:35-4. To find a defendant guilty, the court must prove that he or she knowingly and intentionally owned, maintained, operated, financed, promote or otherwise participated in the production of illegal substances at a facility set up or used specifically for that purpose.

If the drug or drugs in question were manufactured within a school zone, the defendant faces additional charges. A school zone is defined as any area within 1,000 feet of school property. More information about school zone violations can be found on our school zone violations page.

If you have been accused of manufacturing, selling or possessing a controlled dangerous substance in New Jersey, or if you’ve been accused of operating or maintaining a drug production facility, call Ron Bar-Nadav today to discuss your case and learn more about your legal options. Don’t wait – call 201-525-1555 today to find out your options and your rights. The best defense is a proactive drive and a strong attorney.

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In New Jersey, crimes committed within designated school zones can have harsher penalties than crimes committed elsewhere. It does not matter if a defendant was unaware that he or she was in a school zone at the time the offense took place. If the crime or attempted crime occurred within 1,000 feet of school property, whether or not the defendant was aware of his or her location is irrelevant. A school zone is any piece of school property, which includes school buildings, busses, and board of education buildings. This applies to all public and private schools serving kindergarten through twelfth grade in New Jersey.

Drug distribution is one of the crimes that becomes more serious if it is committed in a school zone. N.J.S.A. 2C:35-7 states that any person found to be manufacturing or distributing a controlled dangerous substance within a designated school zone is subject to a third degree crime charge. This charge is in addition to the charges he or she recieves for distributing drugs, which are determined by the type and amount of drug that the defendant possessed and sold.

When a defendant is found guilty of distributing drugs in a school zone, jail time is mandatory. The length of the jail term he or she is sentenced is determined by the degree of crime he or she is found guilty of.

N.J.S.A. 2C:35-5 defines the penalties for possession and distribution of any controlled dangerous substance in New Jersey. They are categorized into groups called schedules. Selling many, but not all, types of drugs is a third degree crime that’s punishable by a fine of up to $25,000. Distribution of a schedule V substance is a fourth degree crime, but also carries the penalty of a fine of up to $25,000.

Heroin, cocaine, methamphetamine, PCP, LSD and marijuana all have their own individual sets of consequences for possessing and selling them. These substances are treated differently from the other schedule I, II, III, IV and V drugs because they have unique properties and popularity levels. To learn more about the charges and consequences for selling any of these substances, see our page on drug distribution.

In addition to the jail time and fines imposed, an additional $150,000 fine will be required for all defendants found guilty of distributing drugs within a school zone.

School zone laws exist to keep New Jersey’s children safe. Along with drug distribution laws, similar laws exist that govern speeding and driving through a school zone while intoxicated. To prove that a criminal act occurred within a school zone, the prosecution must provide an official map of the area in which the offense allegedly took place, outlining the school zone boundaries. To charge a defendant with violating N.J.S.A. 2C:35-1, the prosecution must prove that the criminal act occurred within 1,000 feet of school grounds or school property. If that cannot be proven, the additional charge for distributing drugs within a school zone cannot be added to the defendant’s sentence.

If you have been accused of selling drugs in a school zone, don’t wait to start building your defense. A strong defense is crucial to successfully winning your case and a strong defense starts with a great criminal defense attorney. Call Ron Bar-Nadav today at 201-525-1555 to discuss the details of your case and learn more about your legal options. Ron Bar-Nadav has enjoyed a long, successful career in Bergen county and will rely on his knowledge and experience to help you build a strong case. Don’t wait – call Ron Bar-Nadav today to get started on your defense strategy.

The post Drug-related School Zone Violations appeared first on NJ Criminal Defense.

In New Jersey, dealing drugs is a serious crime.

Illegal substances are categorized by their potential for addiction, value in the pharmaceutical industry, and harm to users. These categories of drugs are called schedules. The following is a guide to the schedules of controlled dangerous substances and their qualities.

Schedule I substances:
have a high potential for abuse
have no current medical use in the United States
have no accepted safety regulations regarding its use

Examples: heroin, LSD, MDMA.

Schedule II substances:
have high potential for abuse
have some currently, but restricted, medical use
have potential for addiction

Examples: morphine, amphetamines, cocaine.

Schedule III substances:
have a lesser potential for abuse than schedule I and II drugs
have current medical use
have a low potential for addiction

Examples: anabolic steriods, ketamine

Schedule IV substances:
have a low potential for abuse
have current medical use
abuse could lead to a dependance, but this dependance is less likely than a schedule III drug

Examples: Chloral hydrate, benzodiazepines

Schedule V substances:
have a lower potential for abuse than schedule IV drugs
have currently practiced medical usage
could lead to a physical or psychological dependance, but this is less likely than with a schedule IV substance

Examples: Pyrovalerone, pregabalin, lacosamide

N.J.S.A. 2C:35-5 defines the penalties for possession with the intent to distribute any controlled dangerous substance that is categorized by schedule. Aside from a few of the more widely-distrubuted substances, possession with the intention to distribute any schedule I, II, III or IV drug is a third degree crime with a fine of up to $25,000. Distribution of a schedule V substance is a fourth degree crime, but also carries the penalty of a fine of up to $25,000.

Although heroin is classified as a schedule I substance and cocaine is grouped into schedule II, selling either of these drugs is subject to a different set of penalties. Possession and sale of an amount of heroin or cocaine greater than five ounces is a first degree crime. Any person convicted of this crime faces up to twenty years in jail and a fine of up to $500,000. First degree crimes carry the presumption of incarceration, which means that except for incredibly rare, unusual circumstances, the defentant will be required to serve time in jail. Additionally, any person convicted of first degree heroin or cocaine distribution must serve at least one third of his or her jail term before he or she may be eligible for parole.

Selling any amount of heroin or cocaine between a half ounce and five ounces is a second degree crime, which is punishable by five to ten years in jail and a fine of up to $150,000. The sale of less than a half ounce of either of these drugs is a third degree crime. For the sale of heroin or cocaine, the penalties for a third degree crime differ a little from other third degree crimes. A defendant found guilty still faces three to five years in prison, but instead of a $15,000 fine, the defendant faces a $75,000 fine.

Methamphetamine is another substance that has become popular in recent years and accounts for a large number of drug-related arrests. Possession of more than five ounces of methamphetamine with the intention to distribute it is a first degree crime, punishable by up to twenty years in jail and up to $300,000 in fines. For an amount between a half ounce and five ounces, dealing methamphetamine is a second degree offense. And for less than a half ounce, distributing methamphetamine is a third degree crime and punishable by up to five years in jail and a $75,000 fine.

It is a first degree crime to possess 100 milligrams or more of LSD or ten or more grams of PCP. Like heroin and cocaine distribution, the penalties for either of these crimes are up to twenty years in jail and up to $500,000 in fines. Any smaller amount of either of these drugs is a second degree crime.

Marijuana is a unique substance because unlike other drugs, it is not assigned to a schedule. The possession of twenty-five pounds or more of marijuana or five pounds or more of hashish is a first degree crime. In addition to jail time, fines of up to $300,000 may be imposed. For any amount of marijuana between five and twenty-five pounds, the penalties are five to ten years in jail and a fine of up to $150,000. Selling any amount of marijuana between one ounce and five pounds is punishable by a fine of up to $25,000 and/or three to five years in jail. For selling less than an ounce of marijuana, accused parties face up to eighteen months in jail and a fine of up to $25,000.

In addition to the penalties listed above, additional ones may apply if an individual crime meets certain circumstances. If the defendant was caught selling drugs within 1,000 feet of a school or school property, he or she may become subject to a mandatory jail sentence. For crimes that already carry a jail sentence, the jail term or amount of time that must elapse before becoming eligible for parole may be extended. Possessing a firearm while distributing drugs can be grounds for a ten year jail sentence. Selling or intending to sell any drug other than marijuana within five hundred feet of a public library, public park or public housing project is a second degree crime. If the drug distributed is less than one ounce of marijuana, it is a third degree crime.

To convict a defendant of drug distribution, the court must prove that the substances recovered belonged to the defendant and that he or she intended to sell or distribute them to others. To prove otherwise, a knowledgeable attorney is key. Let Ron Bar-Nadav help you build and win your case. His years of experience in New Jersey criminal law will be your best asset when it’s time to prove your innocence. Call Ron Bar-Nadav today at 201-525-1555 to discuss the specifics of your case and get started on building your defense.

The post Drug Distribution appeared first on NJ Criminal Defense.

In New Jersey, dealing drugs is a serious crime.

Illegal substances are categorized by their potential for addiction, value in the pharmaceutical industry, and harm to users. These categories of drugs are called schedules. The following is a guide to the schedules of controlled dangerous substances and their qualities.

Schedule I substances:
have a high potential for abuse
have no current medical use in the United States
have no accepted safety regulations regarding its use

Examples: heroin, LSD, MDMA.

Schedule II substances:
have high potential for abuse
have some currently, but restricted, medical use
have potential for addiction

Examples: morphine, amphetamines, cocaine.

Schedule III substances:
have a lesser potential for abuse than schedule I and II drugs
have current medical use
have a low potential for addiction

Examples: anabolic steriods, ketamine

Schedule IV substances:
have a low potential for abuse
have current medical use
abuse could lead to a dependance, but this dependance is less likely than a schedule III drug

Examples: Chloral hydrate, benzodiazepines

Schedule V substances:
have a lower potential for abuse than schedule IV drugs
have currently practiced medical usage
could lead to a physical or psychological dependance, but this is less likely than with a schedule IV substance

Examples: Pyrovalerone, pregabalin, lacosamide

N.J.S.A. 2C:35-5 defines the penalties for possession with the intent to distribute any controlled dangerous substance that is categorized by schedule. Aside from a few of the more widely-distrubuted substances, possession with the intention to distribute any schedule I, II, III or IV drug is a third degree crime with a fine of up to $25,000. Distribution of a schedule V substance is a fourth degree crime, but also carries the penalty of a fine of up to $25,000.

Although heroin is classified as a schedule I substance and cocaine is grouped into schedule II, selling either of these drugs is subject to a different set of penalties. Possession and sale of an amount of heroin or cocaine greater than five ounces is a first degree crime. Any person convicted of this crime faces up to twenty years in jail and a fine of up to $500,000. First degree crimes carry the presumption of incarceration, which means that except for incredibly rare, unusual circumstances, the defentant will be required to serve time in jail. Additionally, any person convicted of first degree heroin or cocaine distribution must serve at least one third of his or her jail term before he or she may be eligible for parole.

Selling any amount of heroin or cocaine between a half ounce and five ounces is a second degree crime, which is punishable by five to ten years in jail and a fine of up to $150,000. The sale of less than a half ounce of either of these drugs is a third degree crime. For the sale of heroin or cocaine, the penalties for a third degree crime differ a little from other third degree crimes. A defendant found guilty still faces three to five years in prison, but instead of a $15,000 fine, the defendant faces a $75,000 fine.

Methamphetamine is another substance that has become popular in recent years and accounts for a large number of drug-related arrests. Possession of more than five ounces of methamphetamine with the intention to distribute it is a first degree crime, punishable by up to twenty years in jail and up to $300,000 in fines. For an amount between a half ounce and five ounces, dealing methamphetamine is a second degree offense. And for less than a half ounce, distributing methamphetamine is a third degree crime and punishable by up to five years in jail and a $75,000 fine.

It is a first degree crime to possess 100 milligrams or more of LSD or ten or more grams of PCP. Like heroin and cocaine distribution, the penalties for either of these crimes are up to twenty years in jail and up to $500,000 in fines. Any smaller amount of either of these drugs is a second degree crime.

Marijuana is a unique substance because unlike other drugs, it is not assigned to a schedule. The possession of twenty-five pounds or more of marijuana or five pounds or more of hashish is a first degree crime. In addition to jail time, fines of up to $300,000 may be imposed. For any amount of marijuana between five and twenty-five pounds, the penalties are five to ten years in jail and a fine of up to $150,000. Selling any amount of marijuana between one ounce and five pounds is punishable by a fine of up to $25,000 and/or three to five years in jail. For selling less than an ounce of marijuana, accused parties face up to eighteen months in jail and a fine of up to $25,000.

In addition to the penalties listed above, additional ones may apply if an individual crime meets certain circumstances. If the defendant was caught selling drugs within 1,000 feet of a school or school property, he or she may become subject to a mandatory jail sentence. For crimes that already carry a jail sentence, the jail term or amount of time that must elapse before becoming eligible for parole may be extended. Possessing a firearm while distributing drugs can be grounds for a ten year jail sentence. Selling or intending to sell any drug other than marijuana within five hundred feet of a public library, public park or public housing project is a second degree crime. If the drug distributed is less than one ounce of marijuana, it is a third degree crime.

To convict a defendant of drug distribution, the court must prove that the substances recovered belonged to the defendant and that he or she intended to sell or distribute them to others. To prove otherwise, a knowledgeable attorney is key. Let Ron Bar-Nadav help you build and win your case. His years of experience in New Jersey criminal law will be your best asset when it’s time to prove your innocence. Call Ron Bar-Nadav today at 201-525-1555 to discuss the specifics of your case and get started on building your defense.

The post Drug Sentencing and Guidelines appeared first on NJ Criminal Defense.

In New Jersey and the rest of the United States, drugs are categorized into five groups. These groups are called “schedules” and organize controlled dangerous substances, CDS, by their danger to users, potential for addiction and abuse, and value to the medical profession. The penalty for possession of a CDS depends on the schedule of drug that an offender is caught with and whether it is his or her first, second, or additional offense. Below is a guide to the schedules of controlled dangerous substances.

Schedule I substances:

have a high potential for abuse

have no current medical use in the United States

have no accepted safety regulations regarding its use

Examples: heroin, LSD, MDMA.

Schedule II substances:

have high potential for abuse

have some currently, but restricted, medical use

have potential for addiction

Examples: morphine, amphetamines, cocaine.

Schedule III substances:

have a lesser potential for abuse than Schedule I and II drugs

have current medical use

have a low potential for addiction

Examples: anabolic steriods, ketamine

Schedule IV substances:

have a low potential for abuse

have current medical use

abuse could lead to a dependance, but this dependance is less likely than a Schedule III drug

Examples: Chloral hydrate, benzodiazepines

For a first-time offense, possession of a Schedule I, II, III or IV substance or its analog is a third degree crime. This, like other third degree crimes, is punishable by a fine of up to $35,000 and three to five years in jail. Third degree crimes have the presumption of non-incarceration, which means that serving jail time is unlikely if one is convicted. A first-time possession offense of a Schedule V substance is a fourth degree crime. Fourth degree crimes carry a penalty of a fine of up to $15,000 and up to 18 months in jail. Like a third degree crime, there is the presumption of non-incarceration.

N.J.S.A. 24:21-29 states that if an offender is arrested for possessing a CDS for a second or subsequent time, the penalties for the charge are doubled. For example, a person caught possessing heroin for the second time faces a fine of up to $70,000 and six to ten years in prison.

It is important to note that unlike marijuana possession, the penalty for possessing a controlled dangerous substance does not change according to the amount an offender is found possessing. With these drugs, all possession is a crime. Using these drugs and being caught under the influence of them is a disorderly persons offense, which is punishable by a fine of up to $500.

In New Jersey, marijuana is treated differently from other drugs. The amount of marijuana one is caught possessing determines what degree of crime he or she has committed by possessing it. Because marijuana has been approved for some medical use in New Jersey, people with prescriptions for it may legally possess and use marijuana. For others, N.J.S.A. 2C:35-10 states the penalties for marijuana possession in New Jersey.

Any person found possessing fewer than fifty grams of marijuana or five grams of hashish is subject to a disorderly persons offense charge. The penalty for this is a fine of up to $1,000 and/or up to six months in jail. For offenders found with more than fifty grams of marijuana, the charge becomes a fourth degree crime. Any person convicted of a fourth degree crime faces a fine of up to $10,000 and up to eighteen months in jail.

If you are fighting a drug charge, call Ron Bar-Nadav at 201-525-1555 today to discuss your case and your options. His knowledge of New Jersey law can help you develop and present your case in the best possible manner. Representation is important. Make sure you hire the best representation there is for your case.

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Marijuana is treated differently from other drugs in New Jersey. It is not assigned to a schedule like other controlled dangerous substances. The schedules of drugs are used to classify substances that have a potential for addiction and abuse as well as an accepted medical use. Although marijuana has accepted medical uses, its use and possession are governed by a separate set of laws.

In New Jersey, the possession of fewer than fifty grams of marijuana is a disorderly persons offense. A disorderly persons offense is punishable by a fine of up to $1,000 and up to six months in jail. The possession of up to five grams of hashish is also a disorderly persons offense in New Jersey.

Any person possessing more than fifty grams of marijuana is subject to a fourth degree marijuana possession charge. When an offender is caught with more than fifty grams of marijuana, it is assumed that he or she intends to distribute it. This charge is punishable by up to eighteen months in jail and a fine of up to $25,000.

If an offender is caught possessing marijuana within 1,000 feet of a school, he or she is subject to additional penalties. If he or she is found with less than one ounce of marijuana while in a school zone, an additional year in prison is added to his or her sentence. For offenders caught with more than an ounce of marijuana, that penalty becomes a fine of up to $150,000 and at least three years in prison with no chance of parole.

The cultivation of marijuana plants is also a crime in New Jersey. N.J.S.A. 2C:35-4 states the penalties for growing marijuana in New Jersey. They are:

Three to five years in prison and/or a fine of up to $25,000 for ten marijuana plants.

Five to ten years in prison and or a fine of up to $150,000 for any number of marijuana plants between ten and forty-nine.

For fifty or more marijuana plants, the defendant faces a fine of up to $300,000 and ten to twenty years in prison. An offender may be sentenced to both the fine and the prison time.

These penalties are doubled for a second or subsequent marijuana cultivation offense.

Selling marijuana is also a crime in New Jersey. The penalties for selling marijuana vary by the amount of the drug the offender is found with. Additional penalties also apply for selling marijuana to minors, pregnant women, and within certain areas.

Selling an ounce or less of marijuana is punishable by up to eighteen months in jail and/or a fine of up to $25,000

Selling any amount of marijuana between one ounce and five pounds is punishable by a fine of up to $25,000 and/or three to five years in jail.

The sale of any amount of marijuana between five and twenty-five pounds is punishable by five to ten years in prison and/or a fine of up to $150,000

Selling twenty-five pounds or more of marijuana is punishable by a jail sentence of ten to twenty years and/or a fine of up to $300,000.

The above penalties double if the offender knowingly sells marijuana to a minor or a pregnant woman.

If the transaction is completed within a school zone, public housing building or a public park, an additional fine of up to $150,000 is added to the offender’s sentence. If he or she receives a jail term, he or she loses the opportunity for parole or early release for the first half of his or her sentence.

Selling marijuana paraphernalia to an adult in New Jersey is punishable by a fine of up to $10,000 and up to eighteen months in prison. Marijuana paraphernalia is any item that is used to harvest, store, consume or process marijuana. Possession of marijuana paraphernalia is punishable by a fine of up to $1,000 and/or up to six months in jail. Selling marijuana paraphernalia to minors under the age of eighteen is punishable by a fine of up to $15,000 and/or three to five years in jail.

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In New Jersey, the possession of fewer than fifty grams of marijuana is a disorderly persons offense. A disorderly persons offense is punishable by a fine of up to $1,000 and up to six months in jail. The possession of up to five grams of hashish is also a disorderly persons offense in New Jersey.

Any person possessing more than fifty grams of marijuana is subject to a fourth degree marijuana possession charge. When an offender is caught with more than fifty grams of marijuana, it is assumed that he or she intends to distribute it. This charge is punishable by up to eighteen months in jail and a fine of up to $25,000.

If an offender is caught possessing marijuana within 1,000 feet of a school, he or she is subject to additional penalties. If he or she is found with less than one ounce of marijuana while in a school zone, an additional year in prison is added to his or her sentence. For offenders caught with more than an ounce of marijuana, that penalty becomes a fine of up to $150,000 and at least three years in prison with no chance of parole.

The cultivation of marijuana plants is also a crime in New Jersey. N.J.S.A. 2C:35-4 states the penalties for growing marijuana in New Jersey. They are:

Three to five years in prison and/or a fine of up to $25,000 for ten marijuana plants.

Five to ten years in prison and or a fine of up to $150,000 for any number of marijuana plants between ten and forty-nine.

For fifty or more marijuana plants, the defendant faces a fine of up to $300,000 and ten to twenty years in prison. An offender may be sentenced to both the fine and the prison time.

These penalties are doubled for a second or subsequent marijuana cultivation offense.

Selling marijuana is also a crime in New Jersey. The penalties for selling marijuana vary by the amount of the drug the offender is found with. Additional penalties also apply for selling marijuana to minors, pregnant women, and within certain areas.

Selling an ounce or less of marijuana is punishable by up to eighteen months in jail and/or a fine of up to $25,000

Selling any amount of marijuana between one ounce and five pounds is punishable by a fine of up to $25,000 and/or three to five years in jail.

The sale of any amount of marijuana between five and twenty-five pounds is punishable by five to ten years in prison and/or a fine of up to $150,000

Selling twenty-five pounds or more of marijuana is punishable by a jail sentence of ten to twenty years and/or a fine of up to $300,000.

The above penalties double if the offender knowingly sells marijuana to a minor or a pregnant woman.

If the transaction is completed within a school zone, public housing building or a public park, an additional fine of up to $150,000 is added to the offender’s sentence. If he or she receives a jail term, he or she loses the opportunity for parole or early release for the first half of his or her sentence.

Selling marijuana paraphernalia to an adult in New Jersey is punishable by a fine of up to $10,000 and up to eighteen months in prison. Marijuana paraphernalia is any item that is used to harvest, store, consume or process marijuana. Possession of marijuana paraphernalia is punishable by a fine of up to $1,000 and/or up to six months in jail. Selling marijuana paraphernalia to minors under the age of eighteen is punishable by a fine of up to $15,000 and/or three to five years in jail.

Before you plead guilty to any NJ Criminal charges, speak to a lawyer first. Call us at 201-525-1555.

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