Top Upper Montclair, NJ Drug Possession Lawyers Near You
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Court Plaza South, West Wing, 21 Main Street, Suite 250, Hackensack, NJ 07601
60 Park Place, 18th Floor, Newark, NJ 07102
262 East Main, Rockaway, NJ 07866
105 Eisenhower Pkwy, Roseland, NJ 07068
1299 Route 22 East, Mountainside, NJ 07092
26 Journal Square, Suite 1201, Jersey City, NJ 07306
1075 Easton Avenue, Tower 2, Suite 2, Somerset, NJ 08873
328 Newman Springs Rd, Red Bank, NJ 07701
Court Plaza South, East Wing, 21 Main Street, Suite 304, Hackensack, NJ 07601
5158 Route 9 S, Howell, NJ 07731
17A Joyce Kilmer Avenue, New Brunswick, NJ 08903
1593 Route 88 West, Brick, NJ 08724
340 Mt. Kemble Ave, Suite 300, Morristown, NJ 07960
5 Main Street, Flemington, NJ 08822
70 South Orange Avenue, Livingston, NJ 07039
45 Essex, Hackensack, NJ 07601
8 Broad Street, Freehold, NJ 07728
100 Southgate Pkwy, Suite 150, Morristown, NJ 07960
178 Livingston Avenue, New Brunswick, NJ 08901
Northpoint Professional Building, 176 Route 9, Suite 303, Englishtown, NJ 07726
7-G Auer Court, East Brunswick, NJ 08816
23 Emmons St, Suite 203, Long Branch, NJ 07740
518 Stuyvesant Avenue, Suite 300, Lyndhurst, NJ 07071
361 NJ-31, Suite 801, Flemington, NJ 08822
411 Hackensack Avenue, 3rd Floor, Hackensack, NJ 07601
Upper Montclair Drug Possession Information
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Drug Possession
Drug possession is the illegal possession of a controlled substance. Essentially, to be convicted of a drug possession charge, you knowingly must have a controlled substance in your possession or within your proximity, like storing it in your vehicle. Drug possession can also include having a device used for the consumption of a controlled substance. This is a criminal offense under both New Jersey state law as well as federal law.
Types of Drug Possession Charges
Sometimes drug possession is referred to as actual possession or “constructive” possession, meaning that an individual knowingly has access to and control of a controlled substance but it is not on the person. Some common ways for constructive possession occur is when a person knowingly stores an illegal controlled substance in their car or at their home. Possessing a smaller quantity of a controlled substance for personal use is commonly known as “simple possession.“
What Is A Controlled Substance?
Federal law as well as state law determines the severity of drug possession charges based on the type of drug and divides them into different “schedules.” Each schedule is based on the potential for dependency and abuse. This sliding scale of schedules starts with Schedule V drugs, having the lowest risk, and increases in severity up to Schedule I, posing the most severe risk.
- Schedule I: Heroin, ecstasy, lysergic acid diethylamide (LSD), marijuana, peyote
- Schedule II: Methamphetamine, cocaine, morphine, methadone, phencyclidine (PCP), fentanyl
- Schedule III: Anabolic steroids, ketamine, barbiturates, testosterone, Tylenol with codeine
- Schedule IV: Valium, Xanax, Tramadol
- Schedule V: Other unlawfully obtained prescription drugs and cough medicines like Robitussin with codeine