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Possession of a Controlled Dangerous Substance (CDS) in New Jersey

Last reviewed . Law current as of October 2026.

Possessing a Schedule I through IV drug without a valid prescription is a third-degree crime in New Jersey under N.J.S.A. 2C:35-10, with 3 to 5 years of possible prison and a fine of up to $35,000. Schedule V and more than 6 ounces of marijuana are fourth degree. Small amounts of marijuana are no longer an offense for adults.

Key takeaways

  • Possessing a Schedule I–IV drug without a valid prescription is a third-degree crime (3–5 years, up to $35,000).
  • Schedule V and more than 6 ounces of marijuana are fourth-degree crimes.
  • Conditional discharge or PTI may end an eligible case without a conviction.

What's the penalty for possession of CDS in NJ?

2C:35-10 possession grading
SubstanceGradePrisonMax fine
Schedule I–IV (cocaine, heroin, fentanyl, many pills)Third degree3–5 years$35,000
Schedule VFourth degreeUp to 18 months$15,000
Marijuana over 6 oz or hashish over 17 gFourth degreeUp to 18 months$25,000
Psilocybin 1 oz or lessDisorderly personsUp to 6 monthsDP fine
Marijuana 6 oz or less (adults)No offenseNoneNone

What is constructive possession (drugs in a shared car or apartment)?

Possession can be actual (on your person) or constructive (in a place you control, with knowledge and intent to control it). Two or more people can share possession. Being near drugs, or in a car or home where drugs are found, is not by itself enough; the State must prove knowing possession.

Can I avoid a conviction for a first possession charge?

First-time indictable possession charges are often considered for PTI. Disorderly persons drug charges may qualify for conditional discharge.

  • 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

Is possession of pills without a prescription a crime in New Jersey?

Yes. Possessing a Schedule I to IV substance without a valid prescription is a third-degree crime.

If drugs were found in a car I was in, am I guilty of possession?

Not automatically. The State must prove you knew about the drugs and intended to control them.

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.

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