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Drug Crimes

Drug Crimes in New Jersey

Understanding CDS Charges – and How Mark Bailey Can Help

In New Jersey, drug crimes—called Controlled Dangerous Substance (CDS) offenses—are some of the most aggressively prosecuted charges in the system. Even a “simple” possession case can leave you with a permanent record, heavy fines, a driver’s license suspension, and possible jail or prison time. More serious accusations like possession with intent to distribute, distribution, or trafficking can involve years in state prison and extremely high penalties.

New Jersey’s drug laws are primarily found in Title 2C, including:

  • N.J.S.A. 2C:35-10 – Possession, use, or being under the influence of CDS

  • N.J.S.A. 2C:35-5 – Manufacturing, distributing, or possessing with intent to distribute CDS

  • N.J.S.A. 2C:36-2 – Possession of drug paraphernalia

  • N.J.S.A. 2C:35-3 – Leader of a narcotics trafficking network

Penalties depend on the type of drug, the amount, and what the State claims you intended to do with it (personal use vs. distribution). On top of that, many CDS convictions carry a mandatory loss of driving privileges for up to two years, even if no car was involved.

If you’ve been charged with a drug offense in Monmouth County or anywhere in New Jersey, you need a lawyer who understands both the law and how these cases really play out in court.

How Attorney Mark Bailey Approaches Drug Cases

Attorney Mark Bailey knows that drug cases are often about far more than just the police report. Many involve issues like addiction, mental health, mistaken identity, illegal searches, or simply being in the wrong place at the wrong time.

He takes a selective, hands-on approach, limiting the number of matters he accepts so he can:

  • Dig into the stop and search – Did police have the legal right to stop your car, pat you down, or search your home or belongings?

  • Scrutinize how the drugs were found and tested – Was the substance properly identified and weighed? Were the lab results reliable?

  • Challenge “intent to distribute” claims – Is the State stretching basic possession into a distribution case based on packaging or cash alone?

  • Explore treatment and diversion options – For eligible clients, programs like Recovery Court (Drug Court), Pre-Trial Intervention (PTI), or Conditional Discharge can keep you out of jail and help protect your record.

Mr. Bailey will walk you through the charges, explain every realistic option, and help you decide whether to negotiate, apply for a diversion program, or fight the case at trial.

Types of Drug Crimes in New Jersey

New Jersey prosecutes a wide range of CDS offenses, including:

  • Simple possession of CDS – N.J.S.A. 2C:35-10

  • Possession with intent to distribute CDS – N.J.S.A. 2C:35-5

  • Distribution / sale of CDS – N.J.S.A. 2C:35-5

  • Distribution in a school zone or near public property

  • Possession of drug paraphernalia – N.J.S.A. 2C:36-2

  • Use or being under the influence of CDS – N.J.S.A. 2C:35-10(b)

  • Leader of a narcotics trafficking network – N.J.S.A. 2C:35-3

CDS includes illegal drugs like heroin, cocaine, methamphetamine, LSD, and many synthetic substances, as well as certain prescription medications possessed without a valid prescription.

Possession of CDS – N.J.S.A. 2C:35-10

Under 2C:35-10, it is a crime to knowingly possess a controlled dangerous substance without legal authorization. The penalties depend on the schedule and type of drug:

  • Schedules I–IV (most “hard drugs”) – usually a third-degree crime, punishable by 3–5 years in state prison and heavy fines (often up to $35,000 or more for certain substances).

  • Schedule V substances – typically a fourth-degree crime, punishable by up to 18 months in prison and a fine up to $15,000.

  • Use or being under the influence of CDS (other than marijuana/hashish) – generally a disorderly persons offense, punishable by up to 6 months in jail and fines.

Most CDS possession convictions also include:

  • A mandatory driver’s license suspension of up to 2 years

  • A Drug Enforcement and Demand Reduction (DEDR) penalty

  • Possible probation, random drug testing, and treatment requirements

(Adult cannabis possession is treated differently under New Jersey’s newer marijuana laws, which carve out specific thresholds where possession is not a crime, but larger amounts still can lead to charges.)

Distribution and Intent to Distribute – N.J.S.A. 2C:35-5

Charges get much more serious when the State claims you were selling, sharing, or planning to distribute drugs. Under 2C:35-5, it is illegal to:

  • Manufacture CDS

  • Distribute or dispense CDS

  • Possess CDS with intent to distribute

Here, quantity and type of drug determine the degree of the offense. For example, for heroin or cocaine:

  • 5 ounces or more – typically a first-degree crime

  • ½ ounce to less than 5 ounces – usually a second-degree crime

  • Less than ½ ounce – typically a third-degree crime

New Jersey also enhances penalties if distribution occurs:

  • Within 1,000 feet of a school – usually a third-degree offense

  • Within 500 feet of public housing, a park, or public building – often a second-degree offense

These cases can carry substantial mandatory prison time and very high fines.

Drug Paraphernalia – N.J.S.A. 2C:36-2

Possession of drug paraphernalia—pipes, bongs, syringes, vials, scales, or other items used to ingest or package CDS—is a disorderly persons offense in New Jersey.

  • Up to 6 months in jail

  • Fines and court costs

  • A mandatory driver’s license suspension of up to 2 years

  • A permanent record that often appears alongside drug charges

Many paraphernalia charges are based on assumptions about how an item was used. A skilled defense can challenge whether the State can actually prove those items were used for drugs.

Leader of a Narcotics Trafficking Network – N.J.S.A. 2C:35-3

At the top end of New Jersey’s drug laws is the charge of “Leader of a Narcotics Trafficking Network”, a first-degree crime that can carry a sentence of life in prison with a requirement to serve 25 years before parole eligibility in some cases.

To prove this, the State must show that a person acted as an organizer, supervisor, financier, or manager of a drug distribution network involving at least two other people. These cases are complex and often highly contested.

Sentencing Ranges for Drug Crimes

Many New Jersey drug crimes are graded as indictable offenses (similar to felonies), with the following general sentencing ranges:

  • First Degree: 10–20 years (and in some cases, life)

  • Second Degree: 5–10 years

  • Third Degree: 3–5 years

  • Fourth Degree: Up to 18 months

  • Disorderly Persons Offense: Up to 6 months in county jail

On top of incarceration, you may face substantial fines, probation, mandatory treatment, community service, and driver’s license suspension.

Diversion, Treatment & Alternatives to Incarceration

Not every drug case has to end in a prison sentence. Depending on your record and the facts of your case, you may be eligible for:

  • Recovery Court (Drug Court): Intensive supervision and treatment as an alternative to prison.

  • Pre-Trial Intervention (PTI): A diversion program in Superior Court that can lead to dismissal if successfully completed.

  • Conditional Discharge (for certain municipal-level cases): Supervision and conditions in lieu of a conviction.

Attorney Mark Bailey will evaluate whether you qualify for these programs and, if so, work to position your case for the best possible outcome—often focusing on treatment, rehabilitation, and protecting your future rather than just punishment.

Defenses and Strategies in Drug Cases

Every CDS case is different, but common defense themes include:

  • Illegal stop or search – Violations of your Fourth Amendment rights during a vehicle stop, home search, or pat-down

  • Constructive possession issues – Drugs found in a car or house with multiple people; the State still must prove they were yours

  • Challenging intent to distribute – Questioning whether the evidence really shows dealing rather than personal use

  • Lab and chain-of-custody problems – Improper testing, contamination, or mishandling of evidence

  • Quantity disputes – Errors or exaggerations in the alleged weight can dramatically change the degree and penalties

Mark Bailey will review the discovery, consult experts when needed, and look for any procedural or factual weaknesses that can lead to a dismissal, downgrade, or favorable plea.

The Law Office of Mark A. Bailey is dedicated to defending your rights, protecting your record, and helping you navigate both the court system and any treatment or diversion options that may be available.

Contact Mark Bailey today for a confidential consultation to discuss your drug charges, your options, and the best strategy for moving forward.