New Jersey Possession of Controlled Dangerous Substances Penalties
We represent clients charged with N.J.S.A. 2C:35-10; New Jersey Possession of Controlled Dangerous Substances - CDS - complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
One who knowingly or purposely obtains or possesses a controlled dangerous substance or its analog not directly or pursuant to a valid prescription from a practitioner acting in the course of his professional practice commits an offense.
The degree of the offense and penalty are dependent on the type and amount of CDS.
The state must prove knowledge - awareness of the existence and character of the object - or purpose - conscious object to obtain or possess the item while being aware of its character - on the part of the defendant.
The state must prove defendant knew he or she possessed CDS but the state does not have to prove that defendant knew what CDS he or she possessed.
Hence, a defendant in possession of cocaine may still be convicted if he or she thought it was marijuana or hashish.
If the substance is marijuana less than 50 grams then it is a disorderly persons offense.
If the substance if more than 50 grams of marijuana or 5 grams of hashish then it is a fourth degree crime.
If you have a question of a New Jersey Criminal Defense Attorney about a Possession of Controlled Dangerous Substances charge, please click here.