When Does a Drug Offense Become a Felony in New Jersey? by Adam M. Lustberg

Описание: When Does a Drug Offense Become a Felony in New Jersey? by Adam M. Lustberg

Drug charges in New Jersey can lead to serious legal consequences, including indictable crimes that carry years in state prison and steep fines. New Jersey uses the term indictable crime rather than felony, and charges depend on the type of controlled dangerous substance, the quantity involved, and whether prosecutors allege possession with intent to distribute.

Lustberg Law Offices, LLC
1 University Plaza Dr #212, Hackensack, NJ 07601, United States
(201) 880-5311
https://www.lustberglaw.com/blog/drug...

https://www.google.com/maps?cid=17248...

At Lustberg Law Offices, LLC, New Jersey drug crimes attorney Adam M. Lustberg defends clients in Hackensack, Bergen County, and throughout New Jersey. Adam M. Lustberg, Esq. has more than 20 years of courtroom experience handling cases involving drug possession, distribution charges, trafficking, and disorderly persons offenses.

Under New Jersey law, simple possession of Schedule I–IV CDS such as heroin, cocaine, or methamphetamine is often graded as a third-degree crime. Possession of Schedule V CDS may be treated as a fourth-degree crime. Distribution offenses under N.J.S.A. 2C:35-5 can range from third-degree to first-degree crimes depending on weight, including charges involving five ounces or more of cocaine or heroin.

Marijuana laws changed in 2021, allowing adults 21 and older to possess up to six ounces of marijuana or 17 grams of hashish. Possession above those limits remains a fourth-degree indictable offense, and distribution near 1,000 feet of school property or within 500 feet of public housing can trigger enhanced penalties under N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1.

Drug paraphernalia offenses, prescription legend drug violations, and failure to make lawful disposition under N.J.S.A. 2C:35-10(c) may be handled as disorderly persons offenses in municipal court. Indictable crimes are prosecuted in Superior Court and can result in long-term consequences, including driver’s license forfeiture.

Defending drug charges often involves challenging illegal search and seizure under the Fourth Amendment. Police must establish probable cause, and a motion to suppress evidence may weaken the prosecution’s case. Other defenses include disputing possession, raising lack of knowledge, addressing lab testing errors through independent testing, and asserting entrapment involving undercover officers or confidential informants.

Prosecutors often attempt to prove intent to distribute through packaging materials, scales, large amounts of cash, electronic communications, and witness testimony. Adam M. Lustberg challenges these allegations and works toward outcomes that protect your record and future.

Lustberg Law Offices, LLC also pursues diversionary programs such as PTI, Conditional Discharge, and Recovery Court when available. If you or a loved one faces drug charges in Hackensack or anywhere in Bergen County, call (201) 880-5311 for a free consultation.

What makes you a felon in NJ?
What class felony is a drug charge?
What's the minimum sentence for drug dealing?
How much do you have to steal for it to be a felony in NJ?