Drug possession charges in Jersey City vary in severity based on the circumstances of an arrest. Two key factors, the nature of the controlled substance and the amount possessed, may be the difference between years of possible jail time and court-imposed fines.
Our Jersey City drug possession lawyers from the Law Office of Eric M. Mark represent clients in their criminal proceedings for drug-related charges. Our drug lawyers provide clients with an honest assessment of their case and advocate for their rights in all interactions with the court or prosecutor.
Under NJ Rev Stat § 2C:35-10 (2024), New Jersey prohibits the possession or use of controlled dangerous substances unless obtained through a valid prescription or order from a physician. The possession of narcotics and other controlled substances found in Schedules I through IV, the classifications used to group drugs, is typically a second- or third-degree crime depending on the amount of the substance and the type of substance. Examples of the controlled substances listed in these Schedules include:
The possession of Schedule V drugs, in comparison, is a fourth-degree crime and applies to specified amounts of compounds or mixtures containing narcotics in addition to other non-narcotic active medical ingredients. For example, Schedule V includes compounds that contain no more than 100 milligrams of opium per 100 milliliters or 100 grams.
A fourth-degree crime of drug possession also applies to possessing more than 6 ounces of marijuana or more than 17 grams of hashish. New Jersey Code further establishes the non-criminality of personal use cannabis possession of up to one ounce (28.35 grams) first obtained from a licensed cannabis retailer or delivery service. A drug possession lawyer in Jersey City could explain in further detail how state law could impact a specific case.
Our Jersey City drug possession attorneys could identify possible defenses to drug charges and other issues in a criminal case. These defenses could relate to the drug possession itself or the circumstances of a search or arrest. Possession defenses include having a valid prescription or claiming the drugs belong to another party. In addition, charges could be dismissed altogether if an individual’s constitutional rights were violated during an arrest. The availability and merits of these defenses are not guaranteed and will depend on the specific facts of a case.
The punishment for conviction of unlawful drug possession in Jersey City can include both jail time and fines imposed at the discretion of the court, within the limits of NJ Rev Stat § 2C:43-6 (2024) and other statutes. The maximum punishment for third-degree drug possession is a fine of up to $35,000 and a prison sentence of three to five years. The penalty for a lesser fourth-degree charge is a prison sentence of up to 18 months and a fine of up to $15,000. However, the fines for fourth-degree drug possession involving marijuana or hashish could be up to $25,000.
The details surrounding a drug possession conviction, including the contrition of a defendant, can play a large role in sentencing. An experienced drug possession lawyer could emphasize favorable points and facts of a case to minimize a Jersey City judge’s sentencing order.
The defense of a Jersey City drug possession lawyer can be extremely helpful in receiving a favorable outcome in a criminal case. Our team at the Law Offices of Eric M. Mark is proud to help members of the community through the criminal justice system by advocating for their legal rights and helping them make informed decisions about their cases. Contact us today to schedule a free case review.
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