What Counts as a Drug Offense
A drug offense refers to the possession, distribution, use or transportation of any illegal drug. Drug offenses can result in serious criminal consequences based upon quantity, intent to sell or distribute and several other factors. Drug offenses can be prosecuted in either the state or federal courts. Charges and penalties for drug offenses often include attending a drug diversionary program, probation, heavy fines and jail time.
Drug offenses normally fall into three categories
Drug Possession
Drug Possession with Intent to Distribute
Drug Distribution
Drug Possession
Possession is the purposeful and knowing constructive or actual possession of an illegal drug. One note: since New Jersey legalized adult-use cannabis in 2021, simple possession of small amounts of marijuana by adults 21 or over is no longer a chargeable offense, though unlicensed distribution and underage possession can still lead to charges.
For possession of narcotics or controlled substances, you may face 3-5 years in prison, a fine of $1,000-$25,000, loss of your driver’s license, mandatory drug education and rehabilitation.

Drug Possession with Intent to Distribute

Possession with intent to distribute is the constructive or actual possession of an illegal drug with intent to sell or share it. If you are facing charges for attempting to sell or selling less than 5 ounces of cocaine, then you can face 5-10 years in prison and $150,000 in fines. If you are facing charges for attempting to sell or selling greater than one ounce of any other controlled substance, then you will face charges that can carry up to 10 years in prison and $150,000 in fines.
Drug Distribution
Distribution is the purposeful and knowing sale or sharing of an illegal drug with another individual or individuals. The penalties for drug distribution can be severe, and are the same as those that result from a conviction of drug possession with intent to distribute.
The Federal and local authorities in New Jersey spend significant energy arresting and prosecuting those they suspect are using and distributing illegal narcotics. These charges are often enhanced if the prosecution alleges that the offense took place near a school, park or public housing complex. If you have been arrested or charged with drug related offenses you need to speak with Joel Silberman as soon as possible.

Defenses in a Drug Offense Case
Innocence
Constitutional Defenses – Illegal Search and Seizure
Prosecution has insufficient evidence to satisfy their burden
Lawful Possession – Prescription
Sentencing Consequences in a Drug Offense
Probation to Imprisonment
In or Out Patient Drug Treatment Programs
Forfeiture of Money Seized
Loss of Driving Privileges
Fines
What Clients Say
Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”
Contact a New Jersey Drug Crime Lawyer
If you or a loved one was charged with a drug-related offense in New Jersey, then contact a New Jersey drug crime lawyer immediately. Joel Silberman will defend your rights and fight to keep you out of jail. Call 201-420-1913 now!
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