Last reviewed . Law current as of October 2026.
Possession of most controlled dangerous substances (CDS) in New Jersey, such as cocaine, heroin, or pills without a prescription, is a third-degree crime under N.J.S.A. 2C:35-10, with 3 to 5 years of possible prison. Possession with intent to distribute is graded by drug and quantity. Possessing 6 ounces of marijuana or less is no longer an offense for adults.
Key takeaways
- Possessing most controlled dangerous substances is a third-degree crime under N.J.S.A. 2C:35-10.
- Intent-to-distribute grades depend on the drug and the total weight.
- Adults may possess up to 6 ounces of marijuana without committing an offense.
- Conditional discharge and PTI can end an eligible case without a conviction.
What drug offenses are most common in New Jersey?
Most drug charges fall under Chapter 35 of the Code of Criminal Justice. The most common are simple possession (2C:35-10), possession with intent to distribute or distribution (2C:35-5), distribution near a school or in a public zone (2C:35-7 and 2C:35-7.1), being under the influence, and failing to turn drugs over to police. Whether a charge is an indictable crime heard in Superior Court or a disorderly persons offense in municipal court depends on the drug and the amount.
What are the penalties for drug possession in New Jersey?
| What was possessed | Grade | Prison range | Maximum fine |
|---|---|---|---|
| Schedule I, II, III, or IV drugs (for example cocaine, heroin, fentanyl, many pills) | Third-degree crime | 3 to 5 years | Up to $35,000 |
| Schedule V drugs | Fourth-degree crime | Up to 18 months | Up to $15,000 |
| More than 6 ounces of marijuana, or more than 17 grams of hashish | Fourth-degree crime | Up to 18 months | Up to $25,000 |
| 6 ounces of marijuana or less, or 17 grams of hashish or less (adults) | Not an offense | None | None |
| Psilocybin, 1 ounce or less | Disorderly persons offense | Up to 6 months | Statutory DP fine |
| Using or being under the influence of CDS | Disorderly persons offense | Up to 6 months | Statutory DP fine |
Possession on or within 1,000 feet of school property or on a school bus can add a requirement of at least 100 hours of community service if no jail is imposed. More: CDS possession.
When does possession become "intent to distribute"?
Prosecutors charge possession with intent to distribute under N.J.S.A. 2C:35-5 based on quantity, packaging, scales, cash, messages, or statements. The grade depends on the drug and the total weight, including any mixture. Amounts of a single drug from separate events can be combined (aggregated) when charged as one course of conduct.
| Amount | Grade | Notes |
|---|---|---|
| 5 ounces or more | First-degree crime | Parole ineligibility of one-third to one-half of the sentence; fine up to $500,000 |
| One-half ounce to less than 5 ounces | Second-degree crime | 5 to 10 years |
| Less than one-half ounce | Third-degree crime | 3 to 5 years; fine up to $75,000 |
Other drugs, including methamphetamine, fentanyl, and marijuana, have their own thresholds in the statute. More: intent to distribute.
What are school-zone and park-zone charges?
Distributing or possessing with intent to distribute within 1,000 feet of school property or on a school bus is a separate third-degree crime under N.J.S.A. 2C:35-7. Doing so within 500 feet of public housing, a public park, or a public building is a second-degree crime under N.J.S.A. 2C:35-7.1, with a lower grade for small amounts of marijuana. Measurements, maps, and whether the location qualifies can all be challenged. More: school-zone charges.
What changed with New Jersey marijuana law?
In 2021, New Jersey legalized regulated adult-use cannabis (CREAMMA, P.L.2021, c.16) and decriminalized possession of small amounts (P.L.2021, c.19). For adults, possessing 6 ounces of marijuana or less is not an offense. Under the 2021 law, the odor of marijuana, burnt or raw, is not, by itself, reasonable articulable suspicion of a crime (N.J.S.A. 2C:35-10c), except on school property or at a correctional facility. That limits stops and searches based on smell alone; it does not stop police from relying on other facts. Many older low-level marijuana convictions were also made eligible for expungement.
Marijuana is still illegal in other ways: possessing more than 6 ounces, selling outside the licensed system, and driving under the influence (a DWI). See the NJ Attorney General marijuana page and our marijuana law guide.
What happens after a drug arrest?
- Charging. Police issue a complaint-summons or complaint-warrant. Disorderly persons charges go to municipal court; crimes go to the county prosecutor.
- Release decision. For a complaint-warrant, a judge decides release conditions under Criminal Justice Reform.
- Lab testing. The State must test the substance. Lab reports and chain of custody matter.
- Pre-indictment review. The prosecutor may offer PTI, downgrade, or a plea, or present the case to a grand jury.
- Motions. Search and seizure issues are often the center of a drug case.
- Plea, diversion, or trial.
How are drug charges defended?
- The search. Was there a warrant? If not, did an exception apply? Did police rely on marijuana odor, which the 2021 law limits?
- Possession. Drugs found in a shared car or apartment do not automatically belong to everyone there. The State must prove knowing possession.
- Intent. Quantity and packaging do not always prove intent to distribute.
- The lab. Testing, weight, and chain of custody can be challenged.
- Zones. Distances and whether a property qualifies for a school or park zone.
We do not promise outcomes. We review every piece of evidence and explain your options.
Can I avoid a conviction with conditional discharge or PTI?
| Conditional discharge | Pretrial Intervention (PTI) | |
|---|---|---|
| Law | N.J.S.A. 2C:36A-1 | N.J.S.A. 2C:43-12, R. 3:28 |
| Charges | First-time disorderly persons or petty disorderly persons drug offenses | Mainly first-time indictable charges, including third-degree possession |
| Supervision | Up to 3 years | 6 months to 3 years |
| Fee | $75 (can be waived or paid in installments) | $75 |
| On completion | Dismissal without a conviction | Dismissal of the charges |
| Prior diversion | Generally disqualifies | Generally disqualifies |
More: conditional discharge and PTI. Recovery Court (N.J.S.A. 2C:35-14) is another path for people whose offense is driven by substance use.
What are the collateral consequences of a drug conviction?
- Record. A drug conviction shows on background checks. Some can be expunged later; see expungement.
- Firearms. Drug convictions can bar firearm permits.
- Driving. Some drug offenses can affect your driving privileges, and drug use while driving is a DWI.
- School and work. Some financial aid, licensing, and employment decisions consider drug convictions.
Where will my drug case be heard?
Disorderly persons drug charges are heard in the municipal court where the arrest happened. Indictable drug charges go to the Superior Court for that county. We handle cases across our service counties from our Newark office: see where we handle cases.
Recent changes to New Jersey law on this topic
- 2021-02-22: P.L.2021, c.16 (CREAMMA) and c.19 signed: adult-use cannabis legalized; possession of 6 ounces or less decriminalized; odor alone is no longer reasonable suspicion of a crime (2C:35-10c).
In-depth guides
- CDS possession
Penalties for drug possession in New Jersey under N.J.S.A. 2C:35-10 by schedule and amount, actual vs. constructive possession, and diversion options.
- Intent to distribute
How New Jersey grades possession with intent to distribute by drug and weight under N.J.S.A. 2C:35-5, how intent is proven, and aggregation rules.
- Conditional discharge
New Jersey's conditional discharge program for first-time disorderly persons drug offenses: who qualifies, supervision of up to 3 years, the $75 fee, and dismissal without a conviction.
- Marijuana law in NJ
What New Jersey's 2021 cannabis laws changed: the 6-ounce possession limit, the odor rule for searches, what is still a crime, and marijuana DWI.
- School and park zone charges
How New Jersey's 1,000-foot school zone and 500-foot public housing, park, and building zones work for drug distribution charges, and how distances are challenged.
Frequently asked questions
What is the penalty for possession of cocaine in New Jersey?
Possession of a Schedule I to IV drug such as cocaine is a third-degree crime under N.J.S.A. 2C:35-10, with 3 to 5 years of possible prison and a fine of up to $35,000. First-time offenders are often eligible for PTI.
Is marijuana legal in New Jersey?
For adults 21 and over, possessing 6 ounces of marijuana or less is not an offense. Possessing more than 6 ounces is a fourth-degree crime, and selling outside the licensed system is still illegal.
Can police search my car if they smell marijuana in New Jersey?
Under the 2021 law, the odor of marijuana alone is not reasonable articulable suspicion of a crime (N.J.S.A. 2C:35-10c), except on school property or at a correctional facility. Police may still rely on other facts.
What is conditional discharge in New Jersey?
A diversion program under N.J.S.A. 2C:36A-1 for first-time disorderly persons drug offenses. After up to 3 years of supervision, the charge is dismissed without a conviction.
What is the penalty for possession with intent to distribute in New Jersey?
It depends on the drug and amount. For cocaine or heroin, less than one-half ounce is third degree, one-half ounce to under 5 ounces is second degree, and 5 ounces or more is first degree.
What is a school-zone drug charge?
Distribution or possession with intent to distribute within 1,000 feet of school property or on a school bus is a third-degree crime under N.J.S.A. 2C:35-7.
Is being under the influence of drugs a crime in New Jersey?
Using or being under the influence of a CDS is a disorderly persons offense heard in municipal court.
Can a drug charge be expunged in New Jersey?
Many can, after a waiting period, and dismissed charges, including those dismissed through diversion, can generally be expunged. Eligibility depends on the offense and your record.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
- N.J.S.A. 2C:35-10
- N.J.S.A. 2C:35-5
- N.J.S.A. 2C:35-7
- N.J.S.A. 2C:35-7.1
- N.J.S.A. 2C:36A-1
- N.J.S.A. 2C:43-12
- NJ Attorney General: Marijuana decriminalization and cannabis legalization
- NJ Attorney General: Marijuana law enforcement FAQs (PDF)
- NJ Courts: Criminal Division
- NJ Courts: Municipal Courts
- NJ Courts: Pretrial Intervention (PTI) brochure
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.