Possession of Controlled Dangerous Substances, including Heroin, Cocaine, Marijuana, Ecstasy, GHB, Oxy, Roxy, Prescription drugs, Etc. 2C:35-10
It is unlawful for a person to knowingly or purposely obtain or possess, actively or constructively, a controlled dangerous substance or its analog. The word “analog” here means something similar, such as a substance that has the properties of a controlled dangerous substance. The exception is if the substance was obtained directly or pursuant to a valid prescription or order form from a licensed practitioner. The practitioner must have been acting in the course of their professional practice.
When the substance is one classified in Schedule I, II, III, or IV, or its analog, the offense is a crime of the third degree. The maximum term of imprisonment for a crime of the third degree is up to 3 to 5 years in prison. The maximum fine for this particular crime is up to $35,000.
When the substance is one classified in Schedule V, or its analog, the offense is a crime of the fourth degree. The maximum term of imprisonment for a crime of the fourth degree is up to 18 months in prison. The maximum fine for this particular crime is up to $15,000.
When the substance is more than 50 grams of marijuana or more than 5 grams of hashish, the crime is one of the fourth degree. The maximum term of imprisonment is 18 months. The maximum fine for this particular crime is up to $25,000.
When the substance is 50 grams or less of marijuana, or 5 grams or less of hashish, the crime is a disorderly persons offense. The maximum penalties for a disorderly persons offense are up to 6 months in jail and a fine up to $1,000.
If a person commits this offense on or within 1,000 feet of school property or a school bus and is not sentenced to a term of imprisonment, they will be required to perform not less than 100 hours of community service.
If a person has a valid prescription for a controlled dangerous substance, but uses it or is under the influence of it or its analog for a purpose other than the treatment of sickness or an injury, they may be charged with a disorderly persons offense. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician may be charged with a disorderly persons offense.
In prosecutions against persons alleged to be using or under the influence of a controlled dangerous substance, the prosecutor does not have to prove that the person actually used the substance. The prosecutor must prove that the person manifested physical and physiological symptoms or reactions caused by the use of the substance.
If a person who knowingly obtains or possesses a controlled dangerous substance or its analog in violation of statute 2C:35-10 and fails to voluntarily deliver it to the nearest law enforcement officer, they may be charged with a disorderly persons offense.
