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Illegal Drug Possession

Need a New Jersey drug possession lawyer? Joel Silberman defends CDS and drug possession charges in Jersey City, Hudson County, Newark, and across NJ.

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What Is Illegal Drug Possession?

The Charge Depends on the Amount

According to New Jersey Statute 2C:35-10, it is illegal to possess illegal drugs. Penalties for illegal drug possession depend on the amount of substances possessed by the accused.

That is why two people arrested in the same room can face very different charges — and why what was actually recovered, and whether it was lawfully found, is where a defense starts. See also drug offenses and criminal defense.

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N.J.S.A. 2C:35-10

How the Charge Is Graded

Crime of 1st Degree

A person is charged with 1st degree criminal offense when found with possession of marijuana more than 25 pounds, more than five ounces of heroin or cocaine and more than 100 milligrams of Psilocybin/LSD. The accused may be imprisoned with a minimum of 10 to a maximum of 20 years with a fine of $300,000.

Crime of 2nd Degree

A person is charged with 2nd degree criminal offense when possession of marijuana exceeds five pounds, but is less than 25 pounds, more than ½ an ounce but less than five ounces of heroin or cocaine or less than 100 milligrams of psilocybin/LSD. The penalty is 5 to 10 years imprisonment with $150,000 fine.

Crime of 3rd Degree

A person is charged with 3rd degree criminal offense when found with more than one ounce but less than five pounds of marijuana, less than ½ an ounce of heroin or cocaine. The accused is liable for a fine of up to $35,000 or at least three (and up to five) years in prison, or both.

Crime of 4th Degree

For possession of more than 50 grams of marijuana, one can be charged with a 4th-degree criminal offense, which is punishable by up to 18 months in prison and a fine of up to $15,000.

Smaller Amounts, and Second Offenses

Lower-Level and Repeat Charges

Disorderly Persons Offense

With possession of less than 50 grams of marijuana, an individual can face a disorderly person offense, 6 months in prison, a fine of $1,000, loss of driver’s license and drug rehabilitation.

A Second Offense

If a person offends a second time, then they might receive a penalty increase to a fine of up to $50,000, up to 36 months in prison, or both.

Charged With Drug Possession in New Jersey?

What a Possession Charge Puts at Risk

A drug possession charge can affect your record, your employment, and your future. Attorney Joel Silberman represents clients facing drug possession, CDS possession, and other drug crime charges in Jersey City, Hudson County, Newark, and throughout New Jersey.

Because the grade turns on quantity, what was recovered — and whether the search that produced it was lawful — often matters more than the substance itself.

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In Their Words

What Clients Say

“I cannot recommend Joel Silberman, Criminal Defense Lawyer, highly enough! As someone dealing with extreme anxiety and facing the court system for the first time, I was incredibly overwhelmed. From our first meeting, Joel’s empathetic and understanding nature made me feel like I was talking to a friend rather than just a lawyer. He managed to bring my anxiety down to zero and, most importantly, he got my misdemeanor case dismissed with a clean record. If you want a lawyer who truly cares and delivers results, there is simply no one else like him. I will forever only trust him and will recommend him to my family and friends! You can tell he breathes, eats, and sleeps thinking about law! He is extremely passionate about defending others.” – Solangy Perez

“Joel constantly comes through. He has helped me and I have sent my family and friends to him. He does whatever he can to try and win and makes you feel safe and comfortable. He is like having a guard dog by your side going into battle!.” – Jason

“In my opinion, Joel is an exceptional attorney. I have no hesitation in recommending your professional legal services and I commend you on how friendly, accessible and efficient you are.” – Rogers

“I had a wonderful experience with Joel. He was the best attorney and friend I could have ever come into contact with. Joel saved my life and my family from total and utter destruction. Thank you so much for the time and effort you put into my son’s case.” – Stephen

“Joel is an outstanding defense lawyer! Very proactive, reliable, quick and he defends his client vigorously. Not only had he saved me, but also my time and money from the endless court fees, fines and other expenses as well.”- Christopher

Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”

Speak With Joel Silberman

Contact a Jersey City Drug Crime Lawyer

Call The Law Offices of Joel Silberman, LLC at 201-420-1913 or email joel@joelsilbermanlaw.com today to discuss your case and defense options.