New jersey criminal charge
Possession, use or being under the influence, or failure to make lawful disposition in New jersey
Possession, use or being under the influence, or failure to make lawful disposition is a criminal offense under New jersey law, defined by N.J.S.A. 2C:35-10. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:35-10.
What is the penalty for possession, use or being under the influence, or failure to make lawful disposition in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Possession of Schedule I, II, III, or IV CDS (or analog) — Applies to possession of a controlled dangerous substance or analog classified in Schedule I, II, III, or IV, not otherwise specifically covered.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Possession of Schedule I, II, III, or IV CDS (or analog) — Applies to possession of a controlled dangerous substance or analog classified in Schedule I, II, III, or IV, not otherwise specifically covered.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Possession of Schedule V CDS — Applies to possession of a controlled dangerous substance or analog classified in Schedule V.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Possession of Schedule V CDS — Applies to possession of a controlled dangerous substance or analog classified in Schedule V.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Possession of marijuana/hashish above threshold — prior to 2021 amendment — Applies, prior to the effective date of P.L.2021, c.19, to possession of more than 50 grams of marijuana or more than five grams of hashish.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Possession of marijuana/hashish above threshold — prior to 2021 amendment — Applies, prior to the effective date of P.L.2021, c.19, to possession of more than 50 grams of marijuana or more than five grams of hashish.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Possession of marijuana/hashish above threshold — on/after 2021 amendment — Applies, on and after the effective date of P.L.2021, c.19, to possession of more than six ounces of marijuana or more than 17 grams of hashish.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Possession of marijuana/hashish above threshold — on/after 2021 amendment — Applies, on and after the effective date of P.L.2021, c.19, to possession of more than six ounces of marijuana or more than 17 grams of hashish.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Possession of psilocybin (one ounce or less) — Applies to possession of one ounce or less of psilocybin.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Possession of psilocybin (one ounce or less) — Applies to possession of one ounce or less of psilocybin.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 6 months (no statutory minimum) (Failure to voluntarily deliver possessed CDS to law enforcement — Applies to a person who knowingly obtains or possesses a controlled dangerous substance in violation of paragraph (1) or (2) of subsection a. and fails to voluntarily deliver it to the nearest law enforcement officer.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Failure to voluntarily deliver possessed CDS to law enforcement — Applies to a person who knowingly obtains or possesses a controlled dangerous substance in violation of paragraph (1) or (2) of subsection a. and fails to voluntarily deliver it to the nearest law enforcement officer.) | discretionary | N.J.S.A. 2C:43-8 |
Applies to current.
How is possession, use or being under the influence, or failure to make lawful disposition classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of Schedule I, II, III, or IV CDS (or analog) | crime of the third degree | Applies to possession of a controlled dangerous substance or analog classified in Schedule I, II, III, or IV, not otherwise specifically covered. | N.J.S.A. 2C:35-10undefined |
| Possession of Schedule V CDS | crime of the fourth degree | Applies to possession of a controlled dangerous substance or analog classified in Schedule V. | N.J.S.A. 2C:35-10undefined |
| Possession of marijuana/hashish above threshold — prior to 2021 amendment | crime of the fourth degree | Applies, prior to the effective date of P.L.2021, c.19, to possession of more than 50 grams of marijuana or more than five grams of hashish. | N.J.S.A. 2C:35-10undefined |
| Possession of marijuana/hashish above threshold — on/after 2021 amendment | crime of the fourth degree | Applies, on and after the effective date of P.L.2021, c.19, to possession of more than six ounces of marijuana or more than 17 grams of hashish. | N.J.S.A. 2C:35-10undefined |
| Possession of psilocybin (one ounce or less) | disorderly persons offense | Applies to possession of one ounce or less of psilocybin. | N.J.S.A. 2C:35-10undefined |
| Failure to voluntarily deliver possessed CDS to law enforcement | disorderly persons offense | Applies to a person who knowingly obtains or possesses a controlled dangerous substance in violation of paragraph (1) or (2) of subsection a. and fails to voluntarily deliver it to the nearest law enforcement officer. | N.J.S.A. 2C:35-10undefined |
Common questions about possession, use or being under the influence, or failure to make lawful disposition in New jersey
What degree of offense is possession, use or being under the influence, or failure to make lawful disposition in New Jersey?
It depends on the circumstances: possession, use or being under the influence, or failure to make lawful disposition ranges from a disorderly persons offense to a crime of the third degree in New Jersey under N.J.S.A. 2C:35-10.
Possession of Schedule I, II, III, or IV CDS (or analog): crime of the third degree (N.J.S.A. 2C:35-10) · Possession of Schedule V CDS: crime of the fourth degree (N.J.S.A. 2C:35-10) · Possession of marijuana/hashish above threshold — prior to 2021 amendment: crime of the fourth degree (N.J.S.A. 2C:35-10) · Possession of marijuana/hashish above threshold — on/after 2021 amendment: crime of the fourth degree (N.J.S.A. 2C:35-10) · Possession of psilocybin (one ounce or less): disorderly persons offense (N.J.S.A. 2C:35-10) · Failure to voluntarily deliver possessed CDS to law enforcement: disorderly persons offense (N.J.S.A. 2C:35-10)
What are the penalties for possession, use or being under the influence, or failure to make lawful disposition in New Jersey?
Penalties for possession, use or being under the influence, or failure to make lawful disposition in New Jersey depend on how it is classified — from a disorderly persons offense up to a crime of the third degree — with the ranges set by N.J.S.A. 2C:43-6 and N.J.S.A. 2C:43-8; the full table of ranges by variant is published on this page.
Which New Jersey statute covers possession, use or being under the influence, or failure to make lawful disposition?
Possession, use or being under the influence, or failure to make lawful disposition is governed by N.J.S.A. 2C:35-10 (Possession, use or being under the influence, or failure to make lawful disposition).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.