Possession of a Controlled Dangerous Substance (“CDS”):  Under N.J.S.A. 2C:35-10(a), it is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice.

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• 3rd Degree Offense For Schedule I, II, III, or IV Drugs:  Any person who violates this section with respect to a controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a 3rd degree offense, punishable by up to 5 years in New Jersey State Prison.

 

• 4th Degree Offense For Schedule V Drugs:  Any person who violates this section with respect to any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the 4th degree, which is punishable by up to 18 months in New Jersey State Prison.

 

• 4th Degree Offense For Marijuana:  Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the 4th degree, which is punishable by up to 18 months in New Jersey State Prison. Possession of more than six ounces of marijuana, including any adulterants or dilutants, or more than 17 grams of hashish is guilty of a crime of the 4th degree, which is punishable by up to 18 months in New Jersey State Prison.

 

• *NOTE – Community Service If Near School:  Under N.J.S.A. 2C:35-10, any person who commits any offense set forth above while on any property used for school purposes, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.