Drug Possession, also known as Unlawful Possession of a Controlled Dangerous Substance in New Jersey, is a serious indictable (felony) in the State of New Jersey. The severity of the Drug Possession charge in New Jersey depends on the type of drug possessed and the amount of the drug possessed.

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• For Possession of Less Than 50 Grams of Marijuana, under N.J.S.A. 2C:35-10A(4), an individual can face a disorderly persons offense, which carries up to 6 months in prison, a fine of $1,000, loss of driver’s license, and drug rehabilitation.  For Possession of More Than 50 Grams of Marijuana, the individual can face an indictable fourth-degree indictable (felony) which is punishable by up to 18 months in prison and a fine of up to $15,000.
   

• For Possession of Narcotics or Controlled Dangerous Substances, under N.J.S.A. 2C:35-10, which includes cocaine, heroin, methamphetamine, acid, ecstasy, GBH, and all other illegal narcotics, stimulants, hallucinogens, opiates, or depressants, an individual can face three to five years in prison, a fine of $1,000 to $25,000, loss of driver’s license, mandatory drug education and rehabilitation programs.
   

• An individual can be charged with a crime if they are in Possession of Drug Paraphernalia.  An individual charged with possession drug paraphernalia under N.J.S.A. 2C:36-2 can face up to six months in prison, a fine of $500 to $1,000, and suspension of their driver’s license for up to two years.
   

• An individual charged with Simple Possession of Unauthorized Prescription Drugs can be charged with a third-degree indictable offense, with maximum penalties of up to five years in prison and substantial fines.
   

New Jersey’s law regarding drug manufacturing, distributing, or possessing with intent to distribute is found in N.J.S.A. 2C:35-5.  These charges carry stiff penalties.

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For Marijuana, an individual can be charged with a first, second, third, or fourth degree indictable offense, depending on the quantity of the substance.

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• If the quantity if less than one ounce, it is a Fourth-Degree Offense.

• If the quantity is more than one ounce but less than five pounds, it is a Third-Degree Offense.

• If the quantity if more than five pounds but less than 25 pounds, it is a Second-Degree Offense.

• If the quantity is more than 25 pounds, it is a First-Degree Offense.
   

For Heroin or Cocaine, an individual can be charged with a first, second, or third degree indictable offense. 

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• If the quantity involved is less than ½ an ounce, it is a Third-Degree Crime.

• If the quantity is more than ½ an ounce but less than five ounces, it is a Second-Degree Crime.

• If the quantity is more than five ounces, it is a First-Degree Crime.
   

For Psilocybin/LSD, an individual can be charged with a second or first degree crime.

• If the quantity involved is less than 100 milligrams, it is a Second-Degree Crime.

• If the quantity involved is more than 100 milligrams it is a First-Degree Offense.