What is Possession of a Controlled Dangerous Substance (CDS)?

In New Jersey, possession of a controlled dangerous substance (CDS) is a criminal offense that involves being in the possession or control of any drug that is unlawful for you to possess. A controlled substance is any drug that is regulated in some way or outlawed entirely by the government. Some controlled substances are always illegal (i.e., cocaine) while others require a prescription or other authorization to possess or use (i.e., Xanax). All controlled substances are classified into five different “schedules” by the Drug Enforcement Administration (DEA). These schedules look to define a given drug’s medical value and potential for abuse. On one end, Schedule I drugs are considered the most dangerous, have the highest potential for abuse, and have no accepted medical value; on the other, Schedule V drugs are considered less dangerous and have a lower potential for abuse. Regardless of the Schedule, the possession of most controlled dangerous substances will result in a felony charge. If you are facing a charge of possession of a CDS, then it is important that you speak to an experienced criminal defense attorney immediately.

What Are the Possible Punishments for Possession of a CDS?

The main possible punishments for a conviction of Possession of a CDS include:

Jail/Prison: A judge may sentence someone to jail or prison for possession of a CDS depending on the severity of the charge, and the individual’s prior criminal history. A conviction for the possession of a Schedule I, Schedule II, Schedule III, or Schedule IV drug can carry a three-to-five-year prison sentence.
Probation: A judge may sentence someone to probation instead of jail or prison for a conviction of possession of a CDS. The offender will have to abide by the terms of the probation or can face jail or prison for a violation.
Restitution: If there is any money improperly obtained or money owed to anyone as a result of an offender’s criminal activity, then a judge can order the offender to pay restitution.
Fines: Anyone convicted of possession of a CDS is subject to being ordered to pay heavy fines. A conviction for the possession of a Schedule I, Schedule II, Schedule III, or Schedule IV drug can face a fine of up to $35,000.
Other: You may lose your driver’s license or be subject to discipline for any professional licenses if convicted of possession of a CDS.

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What Are Some Examples of Possession of a CDS?

Under New Jersey law, some common examples of possession of a CDS include:

Buying cocaine from anyone
Carrying a Hydrocodone to give to someone
Receiving an Adderall from a friend
Possessing more than six ounces of marijuana

This is just a partial list of examples of how you can be criminally charged for the possession of a CDS in New Jersey. While asking a friend for an Adderall to help you study or work might seem harmless, if you don’t have a prescription, you can find yourself facing a drug charge.

What Are the Possible Defenses?

The most common defenses related to drug possession charges usually deal with misconduct and constitutional violations alleged to have been committed by the police while investigating the case. Some of the most common questions a seasoned defense attorney will need to ask include:

Did the police legally search you, your vehicle, or your residence?
Did they have a warrant signed by a judge?
Were you simply at the wrong place at the wrong time?
Were you forced to do something illegal?
Were you entrapped by the government?
Were you even there?

The answer to these and many other potential questions will help an experienced criminal defense attorney build the strongest and most effective defense for a drug possession charge. If the police violated your rights under the Constitution, then you must properly present your issues to the judge. If a judge agrees that your rights were violated, it could lead to the dismissal of your case.

Why Forrester Law Stands Above the Rest in Criminal Defense

Attorney Amber Forrester has been certified by the New Jersey Supreme Court as a certified criminal trial attorney, a distinction less than 2% of attorneys achieve. Less than 250 of the over 80,000 lawyers in New Jersey share this certification with Ms. Forrester. In over a dozen years as a criminal defense attorney, she has represented thousands of people, with many facing serious potential consequences. Ms. Forrester’s skills, experience, and reputation are evident in the results she consistently achieves for her clients. You have a choice in who represents you, make sure you make the right choice with a call to Forrester Law.