Monmouth County Controlled Dangerous Substance Attorney

A substance is classified in Schedule V if it has low potential for abuse relative to the substances listed in Schedule IV; has currently accepted medical use in treatment in the United States; and has limited potential for physical dependence or psychological dependence relative to the substances listed in Schedule IV. These substances, many of which are sold in pharmacies and drug stores over the counter, must contain:

• 200 milligrams or less of codeine
• 100 milligrams or less of dihydrocodeine
• 50 milligrams or less of ethylmorphine
• 2.5 milligrams or less of diphenoxylate
• 100 milligrams or less of opium

Examples of CDS Charges in New Jersey

Possession of a Controlled Dangerous Substance in NJ

The most predominant drug charge in New Jersey is possession of CDS, which is outlined in N.J.S.A. 2C:35-10, and states the following:

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).

The statute then goes on to distinguish among CDS in Schedules I, II, III, IV, marijuana, and drugs in Schedule V. Specifically, possession of any drug other than marijuana in Schedules I through IV is a third degree crime. Possession of marijuana is either a disorderly persons offense or a fourth degree crime depending on the amount. And Schedule V drug possession is a fourth degree crime.

New Jersey CDS Manufacturing, Distributing, or Dispensing

The second common charge is for manufacturing, distributing, or dispensing CDS (N.J.S.A. 2C:35-5). These crimes are graded based on the specific substance involved and the amount. NJ law criminalizes making and selling drugs with respect to:

• Heroin
• Cocaine
• Drugs in Schedules I and II
• Lysergic acid diethylamide (LSD, acid)
• Methamphetamine
• Ecstacy (aka Molly, MDMA)
• Any other CDS in Schedule I, II, III or I; and
• Drugs in Schedule V

How is CDS Defined in the New Jersey Statutes?

New Jersey Statute 2c:35-2 provides the following definition for Controlled Dangerous Substance (CDS):

“Controlled dangerous substance” means a drug, substance, or immediate precursor in Schedules I through V, any substance the distribution of which is specifically prohibited in N.J.S.2C:35-3, in section 3 of 2C:35-5.2, in section 5 of 2C:35-5.3, in section 2 of 2C:35-5.3a, or in section 2 of 2C:35-5.3b, and any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance in the human body. When any statute refers to controlled dangerous substances, or to a specific controlled dangerous substance, it shall also be deemed to refer to any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance or the specific controlled dangerous substance, and to any substance that is an immediate precursor of a controlled dangerous substance or the specific controlled dangerous substance. The term shall not include distilled spirits, wine, malt beverages, as those terms are defined or used in R.S.33:1-1 et seq., or tobacco and tobacco products. The term, wherever it appears in any law or administrative regulation of this State, shall include controlled substance analogs.