Freehold, NJ Drug Possession Lawyers

While New Jersey has legalized recreational marijuana, many other drugs remain illegal under state and federal law. A conviction on drug possession charges carries severe consequences, including jail time and fines. You must take any drug possession charges seriously and get help from a capable criminal defense attorney to safeguard your rights and freedom.

The Law Office of Jason A. Volet understands the serious consequences of drug charges and can guide you through this stressful time. Our team knows New Jersey’s drug laws and is committed to providing you with the most vigorous defense possible. We’ll guide you through each step of the legal process, helping you understand the charges against you and fighting for your rights in court. With our support, you can proceed confidently and work toward a brighter future. Call us today or complete our contact form for a free consultation with a Freehold drug possession defense attorney.

Is It Illegal to Possess a Controlled Dangerous Substance in Freehold?

New Jersey law defines a “controlled dangerous substance” (CDS) as any drug or substance listed in Schedules I through V of the state’s drug laws. The law strictly regulates the possession, sale, and distribution of these substances.

What Are the Different Types of Controlled Dangerous Substances?

New Jersey’s list of Schedule I through V controlled substances ranks drugs by their risk levels. Schedule I drugs are considered the most dangerous, while Schedule V drugs are considered the least dangerous:

• Schedule I – These substances have the highest potential for abuse and no accepted medical use. They include heroin, LSD, ecstasy (MDMA), psilocybin, and peyote.
• Schedule II – These substances have a high potential for abuse but have accepted medical uses with severe restrictions. Cocaine, methadone, oxycodone, and fentanyl are some well-known examples.
• Schedule III – These substances have accepted medical uses and a moderate to low potential for physical and psychological dependence. They include ketamine, codeine, PCP, Adderall, and Ritalin.
• Schedule IV – These substances have a lower potential for abuse and dependence and include Xanax, Soma, Valium, Ativan, Ambien, and Tramadol.
• Schedule V – These substances have the lowest potential for abuse and contain limited quantities of certain narcotics. They include cough preparations with less than 200 milligrams of codeine per 100 milliliters or grams (Robitussin AC, Phenergan with Codeine), Lomotil, and Motofen.

Is Marijuana Illegal in Freehold?

Possessing and using recreational marijuana is legal in New Jersey, including in Freehold. However, there are restrictions limiting its possession, sale, and distribution.

According to the New Jersey Cannabis Regulatory Commission, adults age 21 and older can possess up to 6 ounces of cannabis and cannabis products. However, it is illegal to consume cannabis products on public property. It is also illegal for anyone under 21 years old to possess or consume recreational marijuana or for adults 21 and older to give marijuana to someone under 21.

Adults 18 and older, along with children who meet certain criteria, can participate in New Jersey’s Medicinal Cannabis Program. If they meet the requirements for the program, adults and children can use marijuana to treat a range of medical conditions, such as:

• Anxiety
• ALS
• Cancer
• Glaucoma
• Chronic pain
• Inflammatory bowel disease
• Migraines
• Multiple sclerosis
• Muscular dystrophy
• HIV/AIDS
• Post-traumatic stress disorder (PTSD)

Is Possession of Drug Paraphernalia Illegal in Freehold?

New Jersey law prohibits the possession of drug paraphernalia used during all stages of the production, packaging, distribution, and use of drugs. While you won’t face drug crimes charges solely for possessing drug paraphernalia, you will be guilty of a disorderly persons offense.

The law does make exceptions for marijuana paraphernalia (pipes, bongs, rolling papers, etc.). While you are generally allowed to possess marijuana paraphernalia on your own property without having to worry about police interference, private property owners may prohibit the use of marijuana within their property.

What Is Possession with Intent in New Jersey?

While it’s legal to have small amounts of marijuana in New Jersey, larger amounts of marijuana or any illegal drugs could lead to charges of possession with intent. Under New Jersey law, possession with intent is the crime of having enough drugs to suggest an intent to manufacture, dispense, or distribute them. The amount of drugs required for a possession with intent charge and the potential penalties vary depending on the substance.

What Are the Drug Possession Charges and Penalties in Freehold?

The penalties for drug possession under New Jersey law vary depending on the substance and the amount found in your possession. Possession of Schedule I through IV drugs is a third-degree crime punishable by three to five years in prison and a fine of up to $35,000. Possession of Schedule V substances is a fourth-degree crime punishable by up to 18 months in prison and a fine of up to $15,000.

Conviction on charges of possession with intent carries more severe penalties, potentially as high as 20 years in prison and fines in the hundreds of thousands of dollars. A drug possession lawyer will help you understand the scope of the potential consequences you might face.

What Are Possible Defenses for Drug Possession Charges?

The best defense strategy in a New Jersey drug possession case depends on the specific circumstances of your case, but here are some options your legal team might consider:

• Illegal search and seizure – If the police conducted a search without a valid warrant or probable cause, any evidence they found might be inadmissible in court.
• Lack of possession – Your lawyer can argue you did not possess the drugs based on the legal criteria, either because the substances were not in your control or you were unaware of their presence.
• Chain of custody issues – If there are gaps or errors in how police handled the evidence, it could be challenged as unreliable.
• Miranda Rights violation – If the police did not read you your rights during your arrest, any self-incriminating statements you made could be excluded from evidence.

Contact a Freehold, NJ Drug Possession Charges Lawyer

Don’t let a drug possession charge in Freehold compromise your future. Contact the Law Office of Jason A. Volet today for a free case review and learn more about how we can fight for the most favorable outcome possible in your drug possession case.