Last reviewed . Law current as of October 2026.
Conditional discharge under N.J.S.A. 2C:36A-1 lets a first-time defendant charged with a disorderly persons or petty disorderly persons drug offense complete up to 3 years of supervision and have the charge dismissed without a conviction. There is a $75 fee, which can be waived or paid in installments.
Key takeaways
- Conditional discharge (N.J.S.A. 2C:36A-1) is for certain disorderly persons drug offenses in municipal court.
- Complete the supervision and the charge is dismissed.
- Conditional dismissal is a separate program for other disorderly persons offenses.
What is conditional discharge and who qualifies?
- Charged with a disorderly persons or petty disorderly persons offense under Chapter 35 or 36 (drug offenses)
- No prior conviction of a qualifying offense
- No prior participation in conditional discharge, PTI, or conditional dismissal
- The court finds you will not pose a danger to the community
How does conditional discharge work?
- Apply in the court handling the charge (often municipal court).
- The court may place you on supervisory treatment for up to 3 years, with conditions such as drug testing.
- If you complete it, the charge is dismissed without a conviction.
- If you violate the terms, the case can return to the trial calendar.
Conditional discharge vs. conditional dismissal: what's the difference?
| Conditional discharge (2C:36A-1) | Conditional dismissal (2C:43-13.1) | |
|---|---|---|
| Charges | Disorderly persons drug offenses | Other disorderly persons offenses in municipal court |
| Drug offenses? | Yes | No (excluded; use conditional discharge) |
| Result | Dismissal without conviction | Dismissal |
Related 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.
- 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
Can I get conditional discharge twice?
Generally no. Prior diversion disqualifies you.
Is conditional discharge a conviction?
No. On successful completion the charge is dismissed without a conviction.
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
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.