New Jersey's laws for controlled dangerous substances (CDS) have multiple categories, from Schedule I through Schedule V. For Schedule II drugs, there must be a determination that the drugs have what is deemed to be a high potential to be abused, the drug must have a medically accepted use in the United States or is used in medical treatment under severe restrictions and it must be deemed to have the possibility of psychological or physical addiction if they are abused.
Drugs that fall into Schedule II include opium, opiates, salts, opium poppy and drugs from coca leaves.
Examples of Schedule II Drugs
Amphetamines are commonly referred to as “speed” because they lower appetite and increase focus and attention while keeping the user awake. These drugs have long been used by truck drivers, military personnel, athletes and students trying to study. It is also becoming used as a party drug. If a person uses too much amphetamine, some of the symptoms include paranoia and irritability.
Cocaine is a common party drug and is highly addictive. It is a stimulant that, when refined into powder, is usually ingested through the nose. It keeps the user awake but it can also result in an inability to sleep as well as similar side effects to amphetamine with paranoid feelings. The effect of cocaine doesn't last long, leading the user to take more to regain the high. This can result in addiction.
Oxycodone is a prescription painkiller. It is known to yield a feeling of happiness and well-being. It can lead to slowed reactions and fatigue. It is addictive and people suffering from withdrawal experience pain, nausea, diarrhea, headache and flu-like symptoms. Oxycodone can be ground up and snorted or it can be melted so the user can inhale the fumes.
Legal Consequences for Schedule II Drug Charges
There are major differences in the possible penalties for being in possession of Schedule II drugs or being in possession of them with the intent to sell and distribute.
If a person is caught with cocaine or crack cocaine in New Jersey, the penalties are generally 3-5 years in prison and fines between $1,000 and $25,000. However, if the charge is possession with the intent to distribute, the individual is subject to up to 20 years in prison and fines between $1,000 and $300,000. In addition, there is a minimum of 3-5 years in prison without parole if the amount the person is caught with is greater than five ounces.
For amphetamines, if the person is caught in possession, the punishment is the same as cocaine. If the intent is to distribute and sell, amphetamines carries a punishment of 3-10 years in prison and fines of $1,000 to $100,000.
Speak to an Attorney About Schedule II Drug Charges
If you or a loved one have been arrested and charged with a crime related to a Schedule II drug in New Jersey, it's imperative that you secure qualified legal representation. The criminal defense firm of Villani & DeLuca in Point Pleasant Beach, New Jersey can assist you in understanding the New Jersey CDS laws and how to defend yourself against charges of violating them.
The drug laws in New Jersey are serious and can result in substantial fines and jail terms if the case is deemed serious enough. Because there are so many drugs listed under Schedule II, some of which can be legal if used for legitimate medical purposes, it's easy to get caught up being under the influence of these drugs or carrying an amount that is perceived to be for sale and distribution. If the person was simply using the drug or carrying it, the difference between being arrested and charged with use/possession and intent to distribute of a drug like cocaine can be vast.
Villani & DeLuca have extensive experience in the New Jersey legal system when it comes to drug cases and can help you or your loved one to achieve the best possible outcome of a drug charge. If you are in Monmouth County or Ocean County, in the towns of Red Bank, Belmar, Asbury Park, Point Pleasant, Long Branch or Toms River, Villani & DeLuca attorneys can help you. Call today to talk about your case!