NJ Drug Charges FAQ | See also: NJ DWI FAQ
Q) Can I be charged with drug possession when I am a passenger in a car containing drugs I don't own?
A) There is no legal distinction between drug possession and drug ownership. Therefore, if you know that an illegal drug is present in a vehicle and you can actively or constructively exercise control over the drug, the law makes you guilty of drug possession.
Q) Can I get my drug possession conviction expunged from my record?
A) If you were 21 years of age or younger at the time of the offense, you may get a conviction for drug possession or drug use expunged from your criminal record. An application for expungement may be made to the appropriate Superior Court no less than one year after conviction, termination of probation or parole or discharge from custody, whichever is later.
Q) Will my landlord be notified of my drug conviction?
A) Yes. If it is found that an offense involving the possession, manufacture, dispensing or distribution of a controlled dangerous substance or drug paraphernalia took place upon leased residential premises in which you were a resident, upon conviction or a guilty plea, notice of the conviction or plea will be sent to the owner of the property.
Q) Is possession of cocaine a felony offense?
A) In New Jersey, criminal offenses are categorized as indictable crimes (known in other states as felonies) or disorderly persons offenses (known in other states as misdemeanors). Penalties for possession of cocaine vary based on the weight of the drugs in possession, the location where the possession took place and whether the possession was with the intent to distribute. Additionally, if you are charged with possession of cocaine in a school zone, public housing project or public park, there are enhanced penalties.
Next > Is possession of heroin a felony offense?
Q) Is possession of marijuana a felony offense?
A) In New Jersey, criminal offenses are categorized as indictable crimes (known in other states as felonies) or disorderly persons offenses (known in other states as misdemeanors). Possession of more than 50 grams of marijuana is a crime punishable by a fine of up to $25,000. Possession of 50 grams or less of marijuana is a disorderly persons offense. If you are charged with possession of marijuana in a school zone, public housing project or public park, there are enhanced penalties.
Next > Is possession of cocaine a felony offense?
Q) Is possession of heroin a felony offense?
A) In New Jersey, the possession of heroin is an indictable criminal offense (known in other states as a felony). Penalties for possession of heroin vary based on the weight of the drugs in possession, the location where the possession took place and whether the possession was with the intent to distribute. If you are charged with possession of heroin in a school zone, public housing project or public park, there are enhanced penalties.
Q) Is possession of drug paraphernalia a felony offense?
A) Similarly to the possession of drugs, the possession of drug paraphernalia can be classified as either an indictable crime or a disorderly persons offense. The use or possession with the intent to use drug paraphernalia is a disorderly persons offense, while the distribution, dispensement or possession of drug paraphernalia with the intent to distribute or dispense is a crime. “Drug paraphernalia” includes all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance.
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