The United States Drug Enforcement Administration (DEA) calls on local law enforcement to crack down on cases of possession and/or distribution of Schedule I, II, III, IV, and V controlled substances. Nonetheless, since this is taken so seriously at the federal and state levels, if you ever find yourself in this unfortunate situation, you are likely criminal prosecution. With that being said, please read on to discover the possible punishments for controlled substance possession and/or distribution and how one of the experienced New Jersey & Pennsylvania criminal defense lawyers at The Vigilante Law Firm, P.C. can work to have these charges dropped altogether.
What are the penalties for controlled substance possession in the state of New Jersey?
Specifically, it may be considered a criminal offense to be in possession of controlled substances when you do not carry a valid prescription from a licensed medical practitioner to do so. The usual conviction for this is a third-degree offense, which is punished by three to five years in prison and fines of up to $15,000.
It is worth mentioning that recreational marijuana was legalized and decriminalized in the state of New Jersey back in 2021. But even so, this may only apply if you are found to be in possession of less than six ounces of marijuana or 17 grams of hashish. Any more, and you may be charged with a fourth-degree offense, which carries a prison sentence of up to 18 months and fines of up to $10,000.
Lastly, you may not realize that possessing a substance that expresses or implies to be a controlled, dangerous substance to a reasonable person may also be considered a third-degree criminal offense. Although, the fines here may be upgraded to up to $200,000. You may be so harshly prosecuted for this because it may be argued that you still had the intention to purchase a controlled substance or create the impression that you can sell this controlled substance.
What if I am charged with possession with intent to deliver a controlled substance?
As you may already assume, the criminal punishments for the intent to deliver a controlled substance may be upgraded from that of possession. Uniquely, these penalties may increase in severity depending on the type and amount of controlled substance in question.
For example, say that you are found guilty of the intent to deliver heroin, a Schedule I substance, of five or more ounces. This may constitute a first-degree offense with a 10- to 20-year prison sentence and a $200,000 fine. As for methamphetamine, a Schedule II substance, of one-half to five ounces, this is a second-degree offense. With this, you may be facing a five- to 10-year prison sentence and a $150,000 fine.
If you have gotten this far, we now ask you to reach out to one of our experienced New Jersey & Pennsylvania criminal defense lawyers to schedule an initial consultation. Overall, we strongly encourage you to retain legal representation from The Vigilante Law Firm, P.C. for your upcoming criminal defense proceedings.
