What is possession of a controlled substance?

Possession of a controlled substance is a type of drug crime in New Jersey. It occurs when a person knowingly has in their possession a material, compound, mixture, or preparation that contains any quantity of a controlled dangerous substance (CDS) listed in the New Jersey Controlled Dangerous Substances Act. Possession can be in any form, including by ingestion, inhalation, injection, or topical application. The consequences of possession of a controlled substance depend on the quantity of CDS and the type of substance involved. If the amount of the CDS is considered to be a small quantity for personal use, it may result in a disorderly persons offense (misdemeanor) and a penalty of up to six months in prison and/or a fine of up to $1,000. If the amount of CDS is considered to be a large quantity, it may result in a third-degree crime (felony) and a penalty of up to five years in prison and/or a fine of up to $25,000. It is important to note that intent to distribute a CDS is a separate crime from possession of a controlled substance and has a greater penalty. Intent to distribute a CDS is a second-degree crime (felony) and carries a penalty of up to 10 years in prison and/or a fine of up to $150,000. It is also important to understand that Pennsylvania has its own drug laws which may differ from those in New Jersey. Therefore, it is important to consult an experienced criminal defense attorney if you are facing charges related to possession of a controlled substance.

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