Schedule of Controlled Dangerous Substances NJ

There are several factors that play into what charges the State of New Jersey may pursue if you are arrested on drug charges. Chief among them is the type of drug involved. Some drugs, such as heroin and cocaine, are considered more dangerous substances than others and thus carry more serious charges and penalties.

If you or a loved one has been arrested and charged with a drug crime in New Jersey, you should contact the Law Office of Jason A. Volet without delay. The potential for severe and long-lasting consequences from a drug crimes conviction requires serious legal representation.

New Jersey law classifies certain drugs and compounds as a “controlled dangerous substance,” or CDS. Any drug classified as a CDS is considered susceptible to abuse and is regulated by the state. A CDS cannot be possessed, sold, or distributed except in certain circumstances, such as for registered medical use.

Controlled dangerous substances are further classified according to five schedules based primarily on the drug’s abuse or dependency potential. For example, Schedule I drugs have a high potential for abuse and the potential to create severe psychological and/or physical dependence. Criminal penalties coincide with CDS schedules, with the harshest penalties applied for possession, sales, trafficking, or manufacture of Schedule I drugs.

Attorney Jason Volet is certified by the Supreme Court of New Jersey as a criminal trial lawyer. He is a former Monmouth County prosecutor who now focuses exclusively on criminal defense. He has an outstanding record of successfully representing people charged with drug crimes and other offenses. Call or reach out online today for a free and confidential legal consultation through our offices in Freehold or Neptune.

What Are New Jersey’s Controlled Dangerous Substance Schedules?

New Jersey’s CDS laws are based on the federal Controlled Substances Act. The Director of the NJ Division of Consumer Affairs in the Department of Law and Public Safety determines whether to control a substance. Based on input from medical sources, the director considers:

Schedule I drugs are those considered to have:

• High potential for abuse
• No accepted medical use in treatment in the United States or no accepted safety for use in treatment under medical supervision.

There are 82 substances classified as Schedule I controlled dangerous substances in New Jersey. Among them are:

Schedule II drugs are those considered to have:

• High potential for abuse, which may lead to severe psychic or physical dependence
• Currently accepted medical use in treatment.

Among the Schedule II controlled dangerous substances in New Jersey are:

Schedule III drugs are those considered to have:

• Potential for abuse less than the substances listed in Schedules I and II and which may lead to moderate or low physical dependence or high psychological dependence
• Currently accepted medical use in treatment.

Schedule III controlled dangerous substances in New Jersey include:

Schedule IV drugs are those considered to have:

• Low potential for abuse and limited physical dependence or psychological dependence relative to the substances listed in Schedule III
• Currently accepted medical use in treatment.

Schedule IV controlled dangerous substances in New Jersey include:

Schedule V drugs are those considered to have:

• Low potential for abuse and limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV
• Currently accepted medical use in treatment.

Schedule V controlled dangerous substances in New Jersey are compounds containing trace amounts of other CDSs, including:

• Up to 200 milligrams of codeine
• Up to 100 milligrams of dihydrocodeine
• Up to 50 milligrams of ethylmorphine
• Up to 2.5 milligrams of diphenoxylate
• Up to 100 milligrams of opium.

What Do CDS Schedules Mean for an Arrest?

The penalty for a conviction on drug charges is partly based on the schedule of the controlled dangerous substance.

Illegal possession of a Schedule I, Schedule II, Schedule III, or Schedule IV controlled substance (except for possession of marijuana or hashish) is a third-degree offense punishable by a fine of up to $35,000 and 3 to 5 years in prison. Illegal possession of a Schedule V controlled substance is a fourth-degree offense punishable by a fine of up to $15,000 and up to 18 months in prison.

In addition to the type of drug, criminal charges are based on:

• Amount and intent. Some statutes increase penalties according to the quantity of drugs confiscated during an arrest. Penalties are also harsher for distributing, manufacturing, or trafficking drugs. In some cases, prosecutors will use the quantity of drugs involved in an arrest or indictment to file charges of intent to distribute, manufacture, or traffic in drugs.
• Where drugs were found. By statute, New Jersey increases the penalties for drug possession, or sales in certain places, such as near schools and in public housing. These penalties include required prison sentences. If drugs have allegedly been taken across state lines, such as transported into New Jersey from New York, for distribution, federal drug charges could be filed.
• Prior record. As with any crime, your prior record will be considered as the state decides whether to prosecute your case. If you are convicted, penalties may be doubled for a second or subsequent drug possession offense.

What Are the Penalties for Conviction for Possession in New Jersey?

If convicted of possession of a CDS you could be sentenced to:

• Jail time
• Fines and other fees
• Random drug testing
• Drug counseling or classes.

A criminal record showing a conviction for possession of a CDS can hurt your chances of finding a job or in any other matter that requires a background check.

Contact a New Jersey Drug Crimes Defense Attorney

Whether you are charged with possession, possession with intent to distribute, or any other serious drug crime charge, you are considered innocent until proven guilty beyond a reasonable doubt. As a former prosecutor, Jason Volet knows how to identify the weaknesses in the prosecution’s case. He knows how to exploit those weaknesses to challenge the prosecution’s case and defend his clients.

Schedule a consultation with a New Jersey criminal defense attorney at the Law Office of Jason A. Volet as soon as possible to talk through the details of your case. Jason A. Volet is a fierce negotiator and a respected litigator. He is committed to protecting the rights of his clients. You can reach us online or by calling 732-491-8477. An initial consultation is free and confidential.

Visit Our New Jersey Drug Crimes Defense Law Offices