New Jersey Drug Possession Laws

Schedule I

Includes drugs with a high potential for abuse and no acceptable medical use. Examples include:

• Marijuana
• LSD
• Hashish
• Heroin
• MDMA
• Psilocybin mushrooms

Includes drugs with a high potential for abuse and acceptable medical use (with some restrictions). Examples include:

• Codeine
• Cocaine
• Fentanyl
• Oxycodone
• Methamphetamine

Includes drugs with a potential for abuse and accepted medical use. Examples include:

• Ketamine
• Tylenol with codeine

Includes drugs with a low potential for abuse and an accepted medical use. Examples include:

• Alprazolam
• Clonazepam
• Diazepam

Includes drugs with a low potential for abuse (as compared to the other Schedules) and an accepted medical use. Examples include:

• Cough preparations with less than 200 milligrams of codeine

The New Jersey Code of Criminal Justice 2C § 35-10 (possession, in general); 2C § 36-2 (paraphernalia); Food and Drugs 24 § 6I-1 (medical marijuana)

It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized.

Heroin, cocaine, methamphetamine (and all other illicit drugs except marijuana)

• Any Amount: Third-degree crime (three to five years in prison and a fine of up to $35,000)

Marijuana*

• Less than 50g (or less than 5g of hashish): Disorderly person offense (up to six months in jail and a fine of up to $1,000)
• More than 50g (or more than 5g of hashish): Fourth-degree crime (up to 18 months in prison and a fine of up to $15,000)

Drug paraphernalia

• Anything intended to "introduce into the human body a controlled dangerous substance" (pipes, hypodermic needles, etc.): Disorderly person offense (up to six months in jail and a fine of up to $1,000)

Unauthorized prescription drugs

• Any amount: Third-degree crime (Three to five years in prison and a fine of up to $35,000)

*New Jersey law allows for the medical use of cannabis. Qualifying patients and/or their caregivers may possess up to 2 oz. of marijuana per month.

New Jersey Drug Courts offer incentives for drug crime defendants with substance abuse problems to seek rehabilitation and submit to regular drug screening in exchange for reduced or deferred sentences.

Please note that the drug court can impose a sentence of community service on anyone caught with these drugs within 1,000 feet of a school or on a school bus who does not receive a prison sentence.