In the state of New Jersey, you can be charged with an indictable crime (also known as a felony) if you possess, attempt to purchase, or distribute any substance that you believe is a controlled, illegal substance. For example, if you attempt to purchase marijuana on the boardwalk at Asbury Park, it does not matter if what you are handed is oregano. You were attempting to buy drugs, therefore, you are committing a crime.
The same applies if you try to sell what you believe is an illegal substance; if you offer to sell cocaine in Brick or Red Bank, and what you have been given to sell is flour or powder, you are still going to be charged with a felony. You are prosecuted just as if you had been dealing a controlled dangerous substance.
Have you or a family member been charged with possession or distribution of imitation drugs? Know what charges you face and what your options are. Contact Villani & DeLuca of Point Pleasant Beach and speak with a drug charge lawyer today.
N.J.S.A. 2C:35-11: Possession or Distribution of an Imitation Drug
The state of New Jersey has an extremely specific law that prevents any individuals from possessing or distributing any type of material that is suspected to be an illegal drug. This law explicitly states that any person who possesses or distributes a substance that they represent to be a dangerous substance is breaking the law. Additionally, if the person implies or suggests that the substance is a controlled dangerous substances (CDS) and any reasonable person would have believed that the substance is a CDS, then the law has been broken.
There are three specific ways the law states these scenarios may occur. Additionally, a charge can involve one or more of these situations as well. The three scenarios are as follows:
- If you package any substance in a way that resembles the way an illegal drug would be distributed.
- If you attempt to or succeed in distributing an imitation substance that you claim to be a CDS and receive money or other consideration.
- If you possess or disburse a substance which looks physically the same as a CDS.
Imitation Drug Charge: What are the Penalties?
An imitation drug charge is a crime of the third degree. You can be facing a prison sentence of up to five years if convicted. Additionally, there are fines associated with this charge and you can be made to pay up to $200,000. Finally, your driver's license will be suspended for at least six months and at times, for as long as two years.
Contact a Drug Charge Lawyer Today
These are serious charges and should be handled by an experienced attorney. If you or any member of your family has been charged with an imitation drug charge, make sure you know your options. Contact Villani & DeLuca today and let our knowledgeable lawyers navigate you through this situation. Serving the Ocean County and Monmouth County area, we work tirelessly to help you achieve results.