Laws regarding crime and criminal charges are known to be strict, and drug possession laws are no exception. Drug offenses are among some of the most frequently charged offenses in New Jersey and the rest of the country. While the authorities might have some discretion on when and how to enforce these laws, there is often very little wiggle room, and the laws are strictly enforced. Even so, that does not mean you cannot defend yourself.
Controlled substances tend to underlie all kinds of criminal activity, and law enforcement likes to crack down on drug possession to try and curb the threat of drugs in our communities. Simply having drugs within your control might lead to simple possession charges. If the police suspect you were going to sell those drugs, they can upgrade the charges to possession with the intent to distribute. There are even laws about when and how you can possess prescription drugs. These laws are not only strict but complicated, and you should talk to a lawyer about your case immediately.
Get a confidential case assessment for free by calling our Atlantic City criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
Drug Possession Laws in NJ
Laws regarding drugs and controlled substances are incredibly strict. The authorities show very little leniency when suspects are apprehended with drugs in their possession. In fact, drug offenses are among the most commonly charged offenses in New Jersey. While these laws are strict, that does not mean the charges are unbeatable. Our NJ drug possession defense lawyers will review the facts of your case and advise you on the best possible defense strategies.
Simple Possession
When a person is criminally charged just for having controlled substances in their possession, they may be facing charges for simple possession. Many defendants argue that these laws are very unfair, as simply having controlled substances on your person or in your home is not a terrible or violent offense.
The laws here are strict. According to N.J.S.A. § 2C:35-10, it is illegal for anyone to purposely or knowingly obtain or possess a dangerous controlled substance or substance analog. The possession can be actual, meaning you have it on your person, or constructive, meaning it might not be on your person, but you know where it is and have control over it.
Possession with the Intent to Distribute
Depending on what the authorities believe when you were arrested, you might be charged with possession with the intent to distribute (PWID) under § 2C:35-5(a). This is a more severe charge than simple possession and tends to come with harsher penalties.
How would the police know that someone intends to sell or distribute controlled substances in their possession? The law is unclear on exactly what the police must find in order for a defendant to be charged with PWID. However, case law has carved out an explanation. Generally, the police need to consider the totality of the circumstances to determine if someone intended to distribute the drugs found on their person or in their possession. For example, the police might say that PWID charges are warranted if the defendant had a high volume or quantity of drugs that appeared to be packaged for sale, like in small baggies. They might also consider the location of the incident. If the defendant was arrested in an area known to be frequented by drug dealers, PWID charges might be more likely.
How Strict Are Drug Possession Laws in NJ?
Remember, drug possession laws are all strict. Just having a small baggie of cocaine in your pocket is enough for you to be charged. The law does not make allowances for people who claim they were simply holding the drugs for someone else. Even if the drugs were not yours and you had no plans of using them in any way, you can still be charged with simple possession.
It is not uncommon for people charged with possession to claim that they did not know the drugs were there. While this might be true, the authorities might not believe you, and you might still be charged. If you truly believe the drugs were planted on you by someone else or you really did not know about their existence, tell your attorney. One key element of possession charges is that the possession must be done purposefully or knowingly.
These laws are so strict that fighting the charges might be very difficult. One possible way to defend yourself is to challenge the legality of the actions of law enforcement. If they seized the drugs in a way that violated your rights, the drugs are tainted evidence and should be excluded from the case. Without the drugs as evidence against you, the prosecutor’s case might quickly fall apart.
Are Marijuana Laws Strict in NJ?
Regarding marijuana and cannabis in New Jersey and many other states, the legal field has changed dramatically in recent years. In the past, laws regarding marijuana, hashish, cannabis, and related substances were very strict. Possession of marijuana was often treated just as harshly as the possession of more serious controlled substances. However, the legal landscape surrounding marijuana has changed.
While there has always been a bit of a push for the legalization or decriminalization of marijuana in the United States, it has not been until somewhat recently that states have adjusted their drug laws to be less strict. According to N.J.S.A. § 2C:35-10a, certain acts involved in the personal use of cannabis items are no longer criminal offenses. For example, having 1 ounce or less of useable cannabis is not a criminal offense, and you should not be charged. In fact, it is now legal to purchase marijuana and cannabis products from lawful providers.
Along with this came a loosening of laws when it comes to what police can use as evidence to pull you over or investigate you for drug possession, given that the presence of marijuana under the legal limit or the smell of marijuana would be legal in many cases.
Contact Our NJ Drug Possession Defense Attorneys for Legal Support Today
Get a confidential case assessment for free by calling our Atlantic City drug possession defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
