New Jersey’s Heroin Laws
Posted by Scott Gorman - August 25, 2015

Heroin usage, possession, and distribution is a serious crime in New Jersey, with harsh penalties and lasting repercussions that could have a negative impact—besides the obvious impact on your health and well-being—far into the future, drug possession attorneys in Passaic County say. Because drug usage is most commonly associated with younger people who get hooked in college or high school and carry their use over into adulthood, it is important to understand what could happen if you are caught with heroin or any other drug, and how to best protect yourself.

As in every state across the country, New Jersey law N.J.S.A. 2C:35-2, et seq., prohibits a person from using, selling, possessing, or trafficking heroin and all other drugs and narcotics. Although marijuana is becoming less of a “dangerous” substance in several states in the United States, the same cannot be said for heroin, and the consequences of using or possessing it are still very serious. Even having a minuscule amount of heroin in your pocket, backpack, or car, can land you in prison for a long time, and could cause you to wind up with a criminal record that is hard to expunge.

Heroin is considered a controlled substance, according to both the state and the federal government, which means that the use and distribution of it is controlled by law. These controlled substances are classified at different levels, also known as “schedules,” and ranked in order of severity オンライン カジノ in terms of genetic makeup, abuse, usage, and effects by federal and state laws. Heroin is a schedule I drug, because it has no accepted medical use in the United States, a lack of accepted safety for use, and a high potential for abuse.

Both federal and state governments have a hand in prosecuting drug trafficking cases, especially if the drugs are sold across state lines. Generally, the punishment for drug trafficking or sale can include a prison sentence of three to five years or more, and hefty fines to pay. These penalties are usually determined based upon the drug in question, the amount sold, the target market, the location, and whether children were involved.

Possession of heroin is a crime of the third degree, and can be punished with fines of up to $35,000 and jail time up to five years, depending on the amount found by law enforcement officials. Selling 0.5 ounces or less of heroin is considered a third-degree crime as well, and carries a maximum fine of $75,000; selling 0.5 ounces to 5 ounces is a crime of the second degree, and selling any amount over 5 ounces is a crime of the first degree.

A first-degree crime is punished with fines up to $300,000, and a fixed prison sentence. Anyone caught selling heroin or other drugs within 1,000 feet of school property can receive a fixed prison term, and ordered to pay up to $100,000 in fines. These penalties are doubled whenever the sale is to a pregnant woman or a minor under the age of eighteen.

At The Gorman Law Firm, our Passaic County drug possession attorney represents clients in New Jersey who are facing drug charges of any kind, including trafficking or use. Contact Scott Gorman for a consultation regarding your case today.




Published in Categories: Drug Posession