Drug Offense Criminal Defense Lawyers in New Jersey

If you or a loved one is facing drug-related charges in New Jersey, the potential consequences can be severe. A conviction for drug possession, distribution, or manufacturing can result in substantial fines, probation, a permanent criminal record, and significant jail or prison time. At Lyons & Associates, our skilled criminal defense attorneys understand the complexities of New Jersey’s drug laws and are committed to providing aggressive representation to protect your rights, freedom, and future.

Understanding New Jersey’s Drug Laws

New Jersey classifies drug offenses into categories such as possession, possession with intent to distribute, trafficking, and manufacturing. Penalties depend on the type and quantity of the drug, prior criminal history, and the intent behind the alleged activity. Common substances involved include:

  • Cocaine
  • Heroin
  • Methamphetamine
  • Prescription drugs (Oxycodone, Xanax, Adderall)
  • MDMA (Ecstasy)
  • LSD
  • Synthetic drugs

New Jersey’s drug laws primarily fall under the Controlled Dangerous Substances Act (N.J.S.A. 2C:35).

Marijuana Laws in New Jersey: Current Status

As of 2025, adults aged 21 and over can legally possess up to six ounces of cannabis for personal use. However, possession exceeding this limit remains a fourth-degree crime, punishable by up to 18 months in prison and fines up to $25,000.

Home cultivation remains prohibited. Penalties for growing cannabis at home include:

  • Less than 10 plants: Third-degree crime, 3–5 years in prison, up to $25,000 fine.
  • 10–49 plants: Second-degree crime, 5–10 years in prison, up to $150,000 fine.
  • 50 or more plants: First-degree crime, 10–20 years in prison, up to $300,000 fine.

Common Drug Offenses in New Jersey

Possession of Controlled Substances (N.J.S.A. 2C:35-10)

  • Heroin, Cocaine, Methamphetamine: Third-degree crime, 3–5 years in prison, fines up to $35,000.
  • Prescription drugs without a valid prescription carry similar penalties.

Possession with Intent to Distribute (N.J.S.A. 2C:35-5)

Penalties depend on the type and amount:

  • Less than one ounce of marijuana: Potential written warning for first offense; subsequent offenses, fourth-degree charges.
  • One ounce to five pounds of marijuana: Third-degree crime, 3–5 years in prison, up to $25,000 fine.
  • Heroin and Cocaine (less than half an ounce): Third-degree crime, up to 5 years in prison, fines up to $75,000.
  • Heroin and Cocaine (half ounce or more): Second-degree crime, 5–10 years in prison, fines up to $150,000.

Drug Trafficking and Distribution

Drug trafficking involves larger quantities and can carry harsh penalties, including mandatory minimum sentences and potential federal charges.

Drug Manufacturing and Cultivation (N.J.S.A. 2C:35-4)

Manufacturing or cultivating illegal drugs results in extended prison sentences, significant fines, and mandatory minimum penalties.

Drug Paraphernalia (N.J.S.A. 2C:36-2)

Possessing paraphernalia intended for drug use or distribution carries up to six months in jail and fines up to $1,000.

Enhanced Penalties and Aggravating Factors

Penalties are more severe under certain circumstances, including:

  • Possession or distribution near schools, parks, or public buildings (N.J.S.A. 2C:35-7).
  • Offenses involving minors.
  • Use of firearms during drug offenses.
  • Repeat drug offenses.

Alternative Sentencing and Diversion Programs

New Jersey offers programs to avoid incarceration and criminal records:

  • Pre-Trial Intervention (PTI): For first-time, nonviolent offenders, resulting in dismissal upon successful completion.
  • Drug Court: Rehabilitation, treatment, counseling, and court supervision as an alternative to prison.
  • Conditional Discharge: For minor drug possession offenses, leading to dismissal after probation and counseling.

Defenses to Drug Charges

Common defense strategies include:

  • Illegal search and seizure.
  • Lack of possession or knowledge.
  • Chain of custody issues.
  • Miranda rights violations.
  • Medical necessity or prescription defenses.

How Lyons & Associates Can Help

Our attorneys offer comprehensive representation, including:

  • Reviewing and investigating your case thoroughly.
  • Identifying constitutional violations.
  • Negotiating reduced or dismissed charges.
  • Vigorous trial advocacy.
  • Seeking alternative sentencing programs.

Protect Your Rights—Contact Lyons & Associates

Drug charges carry lasting consequences. Don’t face these charges alone. Contact Lyons & Associates today for a confidential consultation. We’ll discuss your options and aggressively protect your rights and freedom.