Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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As a commonly abused illegal drug, possession of heroin is charged as both a federal and state criminal offense. Under federal law, for a first offense, an individual must pay a minimum fine of $1,000 and may be sentenced to up to one year in jail. If an individual is convicted for the second time, he or she must pay a minimum fine of $2,500 and must serve between 15 days and 2 years in jail. Finally, if convicted for heroin possession for a third time, an individual must pay a minimum fine of $5,000 and serve at least 90 days (and up to 3 years) in jail.
In New Jersey, the trafficking, sale, and possession of heroin and other powerful narcotics is prohibited -- as it is in all other states. Possession of even a tiny amount of the drug is charged as a third degree felony, punishable by up to five years in prison, while distribution of heroin in a public park or housing project often results in much more severe punishments upon conviction.
The main provisions of New Jersey's heroin laws are listed below. See FindLaw's Drug Charges section for additional articles and resources.
Code Section |
24:21-1, et seq.; 2C:35-2, et seq. |
Possession |
Crime of 3rd degree, $35,000 |
Sale |
.5 oz. or less: crime of 3rd degree, $75,000; .5 oz. to 5 oz.: crime of 2nd degree; Over 5 oz.: crime of 1st degree, fixed prison term and $300,000; Selling within 1000 feet of school: fixed prison term and up to $100,000; Selling to minor or pregnant female: double penalties |
Trafficking |
Leader of narcotics trafficking network: life (25 yr. minimum before parole) and/or $500,000 |
Note: State laws are constantly changing -- contact a New Jersey drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.
If you’d like more information on New Jersey heroin and/or drug laws, take a look at the links to related resources listed below. For more general information, you may want to check out FindLaw’s section on drug charges. If you find yourself facing drug charges or have more specific questions, think about hiring a local criminal defense attorney.
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