New Jersey Under the Influence of Controlled Dangerous Substance Law
For a person to use or be under the influence of controlled dangerous substance is to commit a disorderly persons offense - N.J.S.A 2C:35-10(b) - if it is for a purpose other than treatment of sickness or injury as lawfully prescribed by a physician.
In prosecution for this offense it is sufficient for the state to prove the use or the fact that defendant was under the influence by proving that the defendant did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance.
The burden is on the defendant to prove as a defense that he or she was under the influence pursuant to the administration of the drug by a person duly authorized.
A mandatory penalty of $500 must be imposed upon conviction.
In addition, a mandatory driving license suspension must be imposed between six months to two years.
Please click here, if you have any questions for a New Jersey criminal defense attorney concerning a New Jersey Under the Influence of Controlled Dangerous Substance charge.