Experienced New Jersey Criminal Defense Lawyers

Protecting Your Rights

Possession Charges

In New Jersey, the penalties for possession of a controlled substance (drugs) vary according to the type of drug and the amount of the drug in your possession.

New Jersey’s drug possession laws are severe:

For Possession of Less Than 50 Grams of Marijuana, under N.J.S.A. 2C:35-10A(4), an individual can face a disorderly persons offense, which carries up to 6 months in prison, a fine of $1,000, loss of driver’s license, and drug rehabilitation. For Possession of More Than 50 Grams of Marijuana, the individual can face an indictable fourth-degree criminal offense, which is punishable by up to 18 months in prison and a fine of up to $15,000.

For Possession of Narcotics or Controlled Dangerous Substances, under N.J.S.A. 2C:35-10, which includes cocaine, heroin, methamphetamine, acid, ecstasy, GBH, and all other illegal narcotics, stimulants, hallucinogens, opiates, or depressants, an individual can face three to five years in prison, a fine of $1,000 to $25,000, loss of driver’s license, mandatory drug education and rehabilitation programs.

An individual can be charged with a crime if they are in Possession of Drug Paraphernalia. An individual charged with possession drug paraphernalia under N.J.S.A. 2C:36-2 can face up to six months in prison, a fine of $500 to $1,000, and suspension of their driver’s license for up to two years

An individual charged with Simple Possession of Unauthorized Prescription Drugs can be charged with a third-degree indictable offense, with maximum penalties of up to five years in prison and substantial fines.

Manufacture, Distribution, and Possession with Intent to Distribute Charges

New Jersey’s law regarding drug manufacturing, distributing, or possessing with intent to distribute is found in N.J.S.A. 2C:35-5. These charges carry stiff penalties.

For Marijuana, an individual can be charged with a first, second, third, or fourth degree indictable offense, depending on the quantity of the substance.

If the quantity if less than one ounce, it is a Fourth-Degree Offense.
If the quantity is more than one ounce but less than five pounds, it is a Third-Degree Offense.
If the quantity if more than five pounds but less than 25 pounds, it is a Second-Degree Offense.
If the quantity is more than 25 pounds, it is a First-Degree Offense.

For Heroin or Cocaine, an individual can be charged with a first, second, or third degree indictable offense.

If the quantity involved is less than ½ an ounce, it is a Third-Degree Crime.
If the quantity is more than ½ an ounce but less than five ounces, it is a Second-Degree Crime.
If the quantity is more than five ounces, it is a First-Degree Crime.

For Psilocybin/LSD, an individual can be charged with a second or first degree crime.

If the quantity involved is less than 100 milligrams, it is a Second-Degree Crime.
If the quantity involved is more than 100 milligrams it is a First-Degree Offense.

The attorneys at Wolf Law have been representing individuals charged with various drug charges for over 25 years. Our number goal is to make sure that you do not acquire a criminal record as a result of a drug charge. We will review the facts of your case to determine whether the search was valid and whether a motion to suppress any and all evidence that was unlawfully obtained can be filed. We also review the facts of your case to determine whether you were properly given your Miranda rights upon being subject to questioning.

We defend drug cases by getting your drug charges dismissed entirely or negotiating for a favorable plea bargain. We also defend drug cases by working to win at trial or successfully entering an individual into an Alternative Sentencing Program, such as Conditional Discharge or Pretrial Intervention.

We have been successfully in getting many drug-related charges dropped after an investigation, usually due to evidence that was obtained illegally, insufficient evidence provided by the prosecution, or failure by the prosecutor to prove all elements of the crime.

Possession and Distribution of Heroin

A conviction for possession or distribution of heroin carries harsh consequences in New Jersey. Penalties may include fines, prison time, suspension or revocation of a driver’s license, and mandatory drug counseling.

If you have been arrested for distributing or possessing heroin, it is extremely important that you contact a defense attorney with knowledge of New Jersey’s heroin laws. The attorneys at Wolf Law have been handling heroin and other criminal charges in New Jersey for nearly 30 years. We have the knowledge necessary to get your possession or possession with intent to distribute charges reduced or eliminated altogether.

In the State of New Jersey, possession, use or being under the influence of heroin is a third-degree crime. Pursuant to N.J.S.A. 2C:35-10, a person who has possessed heroin, no matter how small the amount, is guilty of a third-degree crime. Penalties include imprisonment for up to five years and a fine of up to $35,000.00 in addition to a mandatory six-month loss of your driver’s license.

If you are found guilty of possessing with intent to distribute heroin, the grading and penalties will increase, depending on the amount of heroin possessed. If you possess five or more ounces of heroin, you will be charged with a first-degree crime. Penalties include 10 to 20 years in prison as well as a fine of up to $500,000.00. If you possess less than five ounces but more than one-half of an ounce of heroin, you will be charged with a second-degree crime. If convicted, penalties include five to ten years in jail. If you are found possessing less than one-half of an ounce of heroin, you will face a third-degree crime. Penalties include up to five years in prison as well as a fine of up to $75,000.00. Penalties for any of the above offense will increase if you are found guilty of possession of heroin with the intent to distribute in a school zone.

Possession and Distribution of Meth and Ecstasy

If you have been charged with possession of meth, heroin, or ecstasy in New Jersey, you need New Jersey’s criminal defense attorneys at Wolf Law to represent you and defend your drug charges at every stage.

Under the Influence of Methamphetamine Charges

If you are accused of being under the influence of methamphetamine, heroin or esctasy, you face a disorderly persons’ charge. An individual facing a disorderly persons’ charge may be subject to up to 6 months in jail, a fine of up to $1,000, community service, and probation.

NJ Methamphetamine Possession and Distribution Crimes

In the state of New Jersey, possession of methamphetamine (meth) can be a second or third-degree crime. Your possible charges depend on the quantity of meth you possessed, the location of the possession (if it was in a school zone, penalties are greater), and whether the drugs were intended for personal use or whether you had the intent to distribute.

If you are caught with a large amount of meth, you may be charged with possession with intent to distribute. Individuals who are convicted of possession of methamphetamine as a third-degree crime may face up to 5 years in jail and a fine up to $15,000.

Individuals facing methamphetamine possession with the intent to distribute charges are subject to first, second, or third-degree crime (depending upon the quantities involved) and anywhere from 3 to 20 years in jail and fines up to $300,000.

NJ Ecstasy Possession and Distribution Crimes

Like other street drugs, New Jersey is strict on ecstasy possession crimes. An individual facing ecstasy possession and distribution charges may be sentenced to 3 to 20 years in jail and heavy fines. Depending on the amount of ecstasy in possession, a person may be accused of a first, second, or third-degree crime.

Enhanced Penalties for School Zones and Public Places

If you are in possession of meth, heroin, or ecstasy within 1000 feet of a school zone (school property or school bus) or 500 feet of a public housing project, public park, or public building in NJ, you may face enhanced penalties with a longer jail term and larger fines. You may also face a minimum term of confinement in jail before being eligible for parole.

If you or someone you know is facing charges for meth, heroin, or ecstasy possession or possession with the intent to distribute, call Wolf Law today to find out how we can work to get your drug charges reduced or even dismissed.

Possession of Drug Paraphernalia in New Jersey

If you have been caught with drug paraphernalia–a pipe, bong, scale, plastic baggies, rolling papers, syringes, capsules, cutting agents, or spoons –you can be convicted of drug paraphernalia charges in the state of New Jersey.

N.J.S.A. 2C:36-2 governs charges for possession of drug paraphernalia in New Jersey and provides in pertinent part:

It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.

Penalties for possession of drug paraphernalia in NJ

Possession of drug paraphernalia is a disorderly persons offense (misdemeanor) and can affect your future educational and career outlook. Your driver’s license can be suspended anywhere from 6 months (standard minimum) to two years with no opportunity for a hardship license. You may also be sentenced to jail time for up to six months. When combined with other drug charges, such as simple possession or possession with intent to distribute, it can become much more serious and include a longer jail term. Our New Jersey criminal defense attorney can advise you and help by negotiating your drug paraphernalia charges for a lesser penalty.

Negotiating drug paraphernalia charges in NJ

Randolph Wolf is experienced in defending drug paraphernalia charges and can advise you on your legal options. He will investigate the circumstances surrounding your case, inform you of your choices, and work hard to lessen any penalties.

You may be eligible to receive a Conditional Discharge where you are placed on probation for a year and have the charge dismissed if you complete it successfully. If your charges include more serious drug possession charges, Pretrial intervention (PTI) is available for some drug crimes (usually first-time offenders). PTI puts your drug charges on hold for a year and offers alternatives to the traditional criminal justice process. You may take part in rehabilitation services over the course of the year, and if you successfully complete this program, your charges are dismissed and your criminal record is eligible to be cleared. We will seek pretrial intervention for offenders that meet the criteria for this alternative sentencing.

Randolph Wolf is a New Jersey criminal defense attorney experienced in negotiating drug charges and drug paraphernalia charges and will offer you the best options for your particular situation. If you or someone you know has been charged with possession of drug paraphernalia or any other drug-related charge, call today for a consultation and let us help set the record straight.

Marijuana Charges

Consequences for Adults and Juveniles

New Jersey drug possession laws cover any amount of marijuana that is in the possession or on the property of any person. The punishment for marijuana possession, possession with intent to distribute, and distribution vary depending on the quantity of the drug in question.

Possession: (N.J.S.A. 2C:35-10a)

Possession of 50 grams or less of marijuana is considered a disorderly persons offense (misdemeanor) in New Jersey. If convicted, there is a jail term of up to 6 months, a fine of up to $1,000.00, a DEDR Penalty of $500.00 and a Drivers License Suspension of between 6 months and 2 years.
Possession of more than 50 grams of marijuana is a 4th degree crime (felony) and carries a jail term of up to 18 months, a fine of up to $25,000.00, a $750.00 DEDR Penalty, and a Driver's License Suspension of between 6 months and 2 years.
If convicted of possession of marijuana within 1000 feet of a school there is an additional sentence of at least 100 hours of community service.

Distribution (Sale) or Possession With Intent To Distribute (2C:35-5)

Distribution or Possession with Intent To Distribute less than 1 oz. of marijuana in New Jersey is a 4th degree crime punishable by up to 18 months in State Prison and carries with it a fine of up to $10,000.00. If the amount is between 1 oz. and 1 pound it is a 3rd degree crime punishable by up to 5 years in State Prison and a fine of up to $25,000.00. If the amount is greater than 5 pounds and less than 25 pounds it is a 2nd degree crime punishable by between 5 and 10 years in State Prison and a fine of up to $150,000.00. If the amount exceeds 25 pounds it is a 1st degree crime punishable by between 10 and 20 years in State Prison and a fine of up to $300,000.00.

If you are convicted of selling or possessing with intent to distribute marijuana in New Jersey within 1000 feet of school property or on a school bus (N.J.S.A. 2C:35-7) it is a 3rd degree criminal offense punishable by up to 5 years in State Prison and there is a mandatory period of imprisonment unless waived by the Prosecutor and a fine of up to $150,000.00. If the amount is less than 1 oz. of marijuana, then the period of imprisonment includes at least 1 year of parole ineligibility. If the amount exceeds 1 oz. then the period of parole ineligibility is at least 3 years.

If you are convicted of selling or possessing with intent to distribute less than 1 oz. of marijuana in New Jersey within 500 feet of a public housing facility, public park, or public building, it is a 3rd degree crime punishable by up to 5 years in State Prison and a $15,000 fine. If the amount is more than 1 ounce it is a 2nd degree crime punishable by between 5 and 10 years in State Prison and a fine of up to $150,000.00.

Cultivation or Possession or Sale of Marijuana Plants (2C:35-5)

Marijuana Plants grown or possessed for personal use carry with them the same penalties discussed above. However, if they are sold or possessed with the intent to distribute then if the amount of plants is between 10 and 50 plants it is a 2nd degree crime punishable by between 5 and 10 years in State Prison and a fine of up to $150,000.00. If the amount is greater than 50 plants it is a 1st degree crime punishable by between 10 and 20 years in State Prison and a fine of up to $300,000.00.

Juveniles

In the state of New Jersey, any juvenile charged with marijuana possession faces the potential loss of their driver’s license along with mandatory monetary penalties. Juvenile cases are handled in the Superior Court, Family Division and punishment can include confinement in a juvenile correctional facility.

Read more about young drug offenders & juvenile delinquency adjudications here.

50+ Years of Accumulated Practice

How Wolf Law Can Help

If you're facing criminal charges in New Jersey, Wolf Law PC provides experienced, strategic, and compassionate representation to protect your rights and fight for the best possible outcome. Our firm offers personalized defense in a wide range of criminal matters, including:

Alternative sentencing
Disorderly persons offenses
Juvenile offenses
Possession charges: ecstasy, heroin, marijuana, meth, and paraphernalia
Prescription drug charges
Restraining orders in New Jersey
White collar crimes

Schedule a Free Consultation

Wolf Law PC Red Bank NJ

Experienced New Jersey Criminal Defense Lawyers

Protecting Your Rights

Possession Charges

In New Jersey, the penalties for possession of a controlled substance (drugs) vary according to the type of drug and the amount of the drug in your possession. New Jersey’s drug possession laws are severe:

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An individual can be charged with a crime if they are in Possession of Drug Paraphernalia. An individual charged with possession drug paraphernalia under N.J.S.A. 2C:36-2 can face up to six months in prison, a fine of $500 to $1,000, and suspension of their driver’s license for up to two years

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An individual charged with Simple Possession of Unauthorized Prescription Drugs can be charged with a third-degree indictable offense, with maximum penalties of up to five years in prison and substantial fines.

Manufacture, Distribution, and Possession with Intent to Distribute Charges

If the quantity if less than one ounce, it is a Fourth-Degree Offense.

If the quantity is more than one ounce but less than five pounds, it is a Third-Degree Offense.

If the quantity if more than five pounds but less than 25 pounds, it is a Second-Degree Offense.

If the quantity is more than 25 pounds, it is a First-Degree Offense.

For Heroin or Cocaine, an individual can be charged with a first, second, or third degree indictable offense.

If the quantity involved is less than ½ an ounce, it is a Third-Degree Crime.

If the quantity is more than ½ an ounce but less than five ounces, it is a Second-Degree Crime.

If the quantity is more than five ounces, it is a First-Degree Crime.

For Psilocybin/LSD, an individual can be charged with a second or first degree crime.

If the quantity involved is less than 100 milligrams, it is a Second-Degree Crime.

If the quantity involved is more than 100 milligrams it is a First-Degree Offense.

Possession and Distribution of Heroin

Possession and Distribution of Meth and Ecstasy

Possession of Drug Paraphernalia in New Jersey

Marijuana Charges

Possession of 50 grams or less of marijuana is considered a disorderly persons offense (misdemeanor) in New Jersey. If convicted, there is a jail term of up to 6 months, a fine of up to $1,000.00, a DEDR Penalty of $500.00 and a Drivers License Suspension of between 6 months and 2 years.

Possession of more than 50 grams of marijuana is a 4th degree crime (felony) and carries a jail term of up to 18 months, a fine of up to $25,000.00, a $750.00 DEDR Penalty, and a Driver's License Suspension of between 6 months and 2 years.

If convicted of possession of marijuana within 1000 feet of a school there is an additional sentence of at least 100 hours of community service.

How Wolf Law Can Help

Wolf Law PC

In New Jersey, the penalties for possession of a controlled substance (drugs) vary according to the type of drug and the amount of the drug in your possession.

New Jersey’s drug possession laws are severe: