Drug Possession in New Jersey

By The Law Offices of Christopher G. Porreca, P.C.  Jun. 9, 2011 4:53p

In the United States, there is strict control over narcotics and controlled substances. If you have been arrested for a drug crime, it is essential that you retain a Morris County criminal defense attorney at the onset of the investigation. Each state has its own set of drug laws and penalties. How you are charged and penalized varies depending on the type of drug and the quantity.

The Controlled Substance Act (CSA) was enacted by the United States Congress as Title II of the Comprehensive Drug Abuse Prevention Control Act of 1970. The CSA is the federal U.S. drug policy in which the manufacture, importation, possession, use and distribution of certain drugs is regulated. There are five Schedules (classifications) for the drugs listed in the CSA, with Schedule I being the most severe due to their high potential for abuse.

Marijuana possession happens to be the most common criminal offense plaguing the New Jersey county and municipal courts. People have been smoking marijuana for a long time; it was first cultivated in the United States around 1600 with the Jamestown settlers. Around the mid 1800's to the late 1930's, marijuana was widely used for its medicinal properties and could be easily purchased in pharmacies. However, American's didn't smoke marijuana for recreational use until after the Mexican Revolution of 1910, when Mexican immigrants introduced the idea. By 1937, Congress passed the Marijuana Tax Act which criminalized the drug. After the 1950's, stricter sentencing for drug-related offenses was enacted.

Drug Charges are Serious

A conviction for drug possession can involve fines, imprisonment, community service, probation or parole and a permanent criminal record. Depending on the drug, and the nature of the crime, you can be charged with a misdemeanor or a felony offense. Even a simple drug possession conviction can involve the loss or suspension of your driver's license. Losing your ability to drive can mean losing your job and your livelihood.

A drug possession charge can be fought. At The Law Offices of Christopher G. Porreca, P.C., a Morris County drug possession lawyer from our team can use any number of defenses that might help get your charges reduced or dropped entirely. We will challenge any violation of your constitutional rights under Miranda or other New Jersey laws. If necessary, we can pursue a plea agreement in order to keep your record clean, in exchange for community service or a treatment program.

Contact a Morris County drug possession attorney from our firm for a free initial consultation.

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