Hackensack, New Jersey - Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/possession-of-controlled-substances-v-intent-distribution-in-new-jersey-law/) has released a guide outlining how New Jersey law distinguishes possession of controlled substances from possession with intent to distribute. The resource explains key charging decisions under N.J.S.A. 2C:35-10 and N.J.S.A. 2C:35-5 and provides practical context for interpreting weight thresholds, packaging, and other indicators frequently used in investigations and prosecutions by the State. The New Jersey drug crimes lawyer underscores how seemingly small facts can determine whether conduct is graded as simple possession or escalates to an intent-to-distribute offense, with significant sentencing exposure for the accused.
The guide details how New Jersey’s Controlled Dangerous Substances framework treats common substances such as heroin, cocaine, methamphetamine, LSD, PCP, MDMA, and prescription medications when possessed without a valid prescription. It clarifies that distribution does not require a transaction and can include handing drugs to another person. Practical examples highlight how an identical quantity can be viewed differently based on packaging and surrounding circumstances, shifting an arrest from possession to intent-to-distribute. According to the New Jersey drug crimes lawyer, these distinctions drive charge grading, influence plea negotiations, and affect eligibility for diversionary outcomes.
Penalties turn largely on weight. Under N.J.S.A. 2C:35-5b(1), heroin or cocaine at five ounces or more is a first-degree crime with a 20-year statutory maximum, one-half ounce to under five ounces is second degree with a 10-year statutory maximum, and less than one-half ounce is third degree with a 5-year statutory maximum. Similar tiers apply to methamphetamine. Certain substances use different measures, including milligrams for LSD and grams for PCP. Cannabis is treated separately: possession of six ounces or less of marijuana or 17 grams or less of hashish by an adult is not a crime, but possession above those amounts is a fourth-degree offense; unlicensed distribution tiers remain weight-driven. The New Jersey drug crimes lawyer notes that prosecutors may aggregate separate sales or stashes when permitted by the indictment, potentially raising the degree of the charge.
The publication also explains how jurors assess intent, including quantity, packaging, and contextual evidence such as cash or communications. It addresses common defense issues, including challenges to laboratory identification, chain of custody, and the reliability of weight calculations. The guide covers related statutes, such as disorderly persons charges for being under the influence of a CDS and the separate motor-vehicle offense for CDS in a car, and it clarifies the meaning of “failure to make a lawful disposition” under N.J.S.A. 2C:35-10(c), which requires surrendering discovered CDS to law enforcement. Sentencing alternatives, including probation and recovery court, are outlined where authorized by statute and court rule.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a criminal defense firm based in Hackensack, New Jersey, led by attorney Adam M. Lustberg. The firm represents individuals in matters involving drug crimes, violent and non-violent offenses, DWI, juvenile cases, and post-conviction issues across New Jersey. Offices are located at One University Plaza Dr., Suite 212, Hackensack, NJ 07601, and consultations are available by phone at (201) 880-5311 or via the firm’s website.
Email: alustberg@lustberglaw.com
Media Contact
Name
Lustberg Law Offices, LLC
Contact name
Adam M. Lustberg
Contact phone
(201) 880-5311
Contact address
1 University Plaza Dr #212
City
Hackensack
State
NJ
Zip
07601
Country
United States
Url
https://www.lustberglaw.com/
