Facing drug charges in Union, New Jersey, can be an overwhelming and frightening experience. A conviction for a drug offense can lead to severe penalties, including substantial fines, lengthy prison sentences, a mandatory driver’s license suspension, and a permanent criminal record that can impact your employment, education, and future opportunities. If you or a loved one has been arrested on drug charges in Union Township, it is crucial to seek immediate legal representation from an experienced criminal defense attorney.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, provides dedicated and aggressive defense for individuals facing all types of drug charges in Union and throughout Union County. He understands the complexities of New Jersey’s drug laws and is committed to protecting your rights and fighting for the best possible outcome in your case. Call him today at 908-312-0368.

Understanding New Jersey Drug Charges

Drug offenses in New Jersey are primarily governed by N.J.S.A. 2C:35 (Manufacturing, Distributing or Dispensing Controlled Dangerous Substances – CDS) and N.J.S.A. 2C:36 (Drug Paraphernalia). Common charges include:

• Possession of a Controlled Dangerous Substance (CDS) (N.J.S.A. 2C:35-10): Knowingly or purposely obtaining or possessing, either actually or constructively, a CDS without a valid prescription.
• Possession with Intent to Distribute (N.J.S.A. 2C:35-5): Possessing a CDS with the intention of distributing, selling, or sharing it. Intent can be inferred from factors like the quantity of the drug, how it’s packaged, the presence of scales or large amounts of cash, etc.
• Distribution of CDS (N.J.S.A. 2C:35-5): The actual sale, transfer, or sharing of a CDS.
• Manufacturing CDS (N.J.S.A. 2C:35-4): Illegally producing or creating a controlled substance.
• Possession of Drug Paraphernalia (N.J.S.A. 2C:36-2): Possessing items used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a CDS.

The severity of drug charges in New Jersey is graded based on the type of drug, the quantity involved, and whether the offense was for personal use or for distribution. These charges can range from a disorderly persons offense (similar to a misdemeanor) to a first-degree indictable crime (felony).

Penalties for Specific Drug Offenses in New Jersey 

The penalties for drug convictions in New Jersey are severe and vary widely. Here are some examples for common substances:

• Marijuana (Unlawful Possession/Distribution):
  
  • While New Jersey has legalized recreational marijuana for adults 21 and older, possessing amounts over the legal limit for personal use (currently six ounces or less of cannabis or its equivalent) or any unlicensed distribution remains illegal.
  • Unlawful Distribution/Possession with Intent to Distribute (Unlicensed):
    
    • One ounce or less: Fourth-degree crime (up to 18 months in prison, fine up to $25,000).
    • More than one ounce but less than five pounds: Third-degree crime (3-5 years in prison, fine up to $25,000).
    • Five pounds but less than 25 pounds: Second-degree crime (5-10 years in prison, fine up to $150,000).
    • 25 pounds or more: First-degree crime (10-20 years in prison, fine up to $300,000).
  • Unlawful Possession (Exceeding Personal Use Limits): Penalties will vary based on quantity, potentially ranging from disorderly persons offenses for smaller amounts over the limit to indictable offenses for larger quantities.
• Cocaine & Heroin (Possession/Distribution – N.J.S.A. 2C:35-5, 2C:35-10):
  
  • Possession: Any amount is typically a third-degree crime (3-5 years in prison, fine up to $35,000).
  • Distribution/Possession with Intent to Distribute:
    
    • Less than one-half ounce (Cocaine/Heroin): Third-degree crime (3-5 years in prison, fine up to $75,000).
    • One-half ounce or more but less than five ounces (Cocaine/Heroin): Second-degree crime (5-10 years in prison, fine up to $150,000). There is a presumption of incarceration for second-degree offenses.
    • Five ounces or more (Cocaine/Heroin): First-degree crime (10-20 years in prison, with a potential mandatory minimum term of imprisonment, fine up to $500,000).
• Prescription Drugs (Unlawful Possession/Distribution – e.g., Opioids like OxyContin, Benzodiazepines like Xanax, Stimulants like Adderall – N.J.S.A. 2C:35-10.5):
  
  • Unlawful possession of four or fewer dosage units is generally a fourth-degree crime (up to 18 months in prison, fine up to $10,000).
  • Possession of five to 99 dosage units with intent to distribute, or actual distribution of five to 99 units, is a third-degree crime (3-5 years in prison, fine up to $200,000).
  • Possession of 100 or more dosage units with intent to distribute, or actual distribution of 100 or more units, is a second-degree crime (5-10 years in prison, fine up to $300,000).
• Drug Paraphernalia (N.J.S.A. 2C:36-2):
  
  • Possession is typically a disorderly persons offense (up to 6 months in jail, fine up to $1,000).
  • Distribution of paraphernalia can be a fourth-degree crime under certain circumstances.

General Consequences of a Drug Conviction in NJ

Beyond the specific penalties for the drug and quantity, a drug conviction in New Jersey can lead to:

• Lengthy Jail or Prison Sentences: Determined by the degree of the crime.
• Substantial Fines and Mandatory Penalties: Including Drug Enforcement and Demand Reduction (DEDR) penalties.
• Mandatory Driver’s License Suspension: Often for 6 months to 2 years, even if the offense was not committed in a vehicle. For certain offenses like possession of CDS in a motor vehicle, a 2-year mandatory suspension applies.
• A Permanent Criminal Record: This can severely hinder future employment opportunities, professional licensing, educational pursuits, housing applications, and eligibility for financial aid or loans.
• Mandatory Drug Rehabilitation Programs and Counseling.
• Forfeiture of Assets: Property or money deemed to be connected to the drug activity can be seized by the state.
• Immigration Consequences: For non-U.S. citizens, many drug convictions can lead to deportation, inadmissibility, or denial of citizenship.

Common Defenses to New Jersey Drug Charges

An arrest for a drug offense does not automatically mean a conviction. An experienced criminal defense attorney like Brett M. Rosen, Esq. will meticulously examine every aspect of your case to identify potential defenses, including:

• Illegal Search and Seizure: If police violated your Fourth Amendment rights by conducting an unlawful search of your person, vehicle, or home without a warrant or probable cause, any evidence found may be suppressed (excluded from court).
• Lack of Possession: The prosecution must prove you knowingly and intentionally possessed the controlled substance, either actually (on your person) or constructively (having control over it). If drugs were found in a shared space or vehicle, proving your specific possession can be challenging.
• Chain of Custody Issues: The prosecution must properly document the handling and storage of alleged drugs from the point of seizure to lab testing. Any breaks or inconsistencies in the chain of custody can compromise the evidence.
• Problems with Lab Analysis: The alleged substance must be scientifically proven to be a CDS. Errors in lab testing, improper procedures, or issues with the lab technician’s qualifications can be grounds for defense.
• Informant Reliability Issues: If the case relies on information from a confidential informant, their credibility and motives can be challenged.
• Entrapment: If law enforcement induced or persuaded you to commit a crime you otherwise wouldn’t have committed.
• Medical Marijuana Act Defense: If you are a registered patient under New Jersey’s Medicinal Cannabis Program and your possession or use complies with the Act’s provisions.
• Failure to Prove Intent to Distribute: For “possession with intent” charges, the prosecution must prove more than just possession; they must demonstrate your intent to sell or distribute. Quantity alone is not always sufficient.

How Brett M. Rosen, Esq. Fights for You in Union, NJ

When you are facing drug charges in Union, having a knowledgeable and aggressive defense attorney is critical. Drug cases originating in Union Township are typically handled in the Union Municipal Court (for disorderly persons offenses like marijuana possession under the old limits or paraphernalia) or the Union County Superior Court in Elizabeth (for indictable offenses/felonies like distribution or possession of larger quantities).

Brett M. Rosen, Esq. provides comprehensive defense services, including:

• Thorough Case Investigation: Scrutinizing police reports, witness statements, lab results, and any available audio/video evidence.
• Challenging Illegal Police Conduct: Filing motions to suppress illegally obtained evidence.
• Strategic Negotiation: Engaging with the Union Township or Union County prosecutor to seek dismissal of charges, a downgrade to a less serious offense, or entry into diversionary programs.
• Diversionary Programs: Advocating for eligibility for programs like Pre-Trial Intervention (PTI) for indictable offenses or Conditional Discharge for certain first-time disorderly persons drug offenses. Successful completion of these programs results in the dismissal of charges and avoidance of a criminal conviction.
• Aggressive Trial Defense: If a favorable plea agreement cannot be reached, Mr. Rosen is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney and is prepared to vigorously defend your rights in court.

Frequently Asked Questions (FAQs) – NJ Drug Charges

Q: What’s the difference between possession and possession with intent to distribute a drug in NJ? A: Simple possession (N.J.S.A. 2C:35-10) means having a drug for personal use. Possession with Intent to Distribute (N.J.S.A. 2C:35-5) is a more serious charge, alleging you planned to sell, share, or deliver the drugs. Intent can be inferred from quantity, packaging, paraphernalia like scales, cash, or witness testimony.

Q: Can I go to jail for a first-time drug offense in New Jersey? A: Yes, depending on the drug, quantity, and specific charge. While first-time offenders charged with minor possession offenses might be eligible for diversionary programs like Conditional Discharge or PTI, more serious offenses (especially distribution or possession of larger quantities of harder drugs) carry a presumption of incarceration or significant jail/prison sentences even for first offenders.

Q: How will a drug conviction in NJ affect my future? A: A drug conviction creates a criminal record that can impact your ability to find employment, obtain professional licenses, secure housing, get student loans, and, if you are not a U.S. citizen, lead to severe immigration consequences including deportation.

Q: What are PTI and Conditional Discharge, and can they help me avoid a criminal record for a drug charge? A: Pre-Trial Intervention (PTI) is a diversionary program primarily for first-time offenders charged with indictable (felony-level) offenses. Conditional Discharge is available for certain first-time disorderly persons drug offenses. If you are accepted into and successfully complete these programs (which usually involve a period of supervision, drug testing, and other conditions), the charges against you are dismissed, and you avoid a criminal conviction.

Q: My car was searched by Union police without a warrant, and they found drugs. Is that legal? A: Warrantless searches are generally presumed to be illegal under the Fourth Amendment, but there are exceptions (e.g., probable cause with exigent circumstances, consent, search incident to a lawful arrest, plain view). An attorney can analyze the specifics of your search to determine if your rights were violated, which could lead to the evidence being suppressed.

Q: What are the typical penalties for being caught with drug paraphernalia in Union? A: Possession of drug paraphernalia (e.g., pipes, bongs, grinders, scales used with CDS) is usually a disorderly persons offense in New Jersey, punishable by up to 6 months in jail and a fine up to $1,000, plus a criminal record.

Q: How does New Jersey’s adult-use cannabis legalization affect other drug charges? A: While recreational cannabis is legal for adults 21+ to possess up to certain amounts, all other Controlled Dangerous Substances (like cocaine, heroin, unauthorized prescription drugs) remain illegal to possess or distribute. Furthermore, unlicensed sale or distribution of cannabis, and possession above the legal limits, are still criminal offenses with significant penalties.

Facing Drug Charges in Union? Take Action Now.

Drug charges in New Jersey carry severe and lasting penalties. Do not leave your future to chance. An experienced and aggressive criminal defense attorney can make a significant difference in the outcome of your case.

If you or a loved one has been arrested or charged with a drug offense in Union, New Jersey, contact Brett M. Rosen, Esq. immediately for a free and confidential consultation to discuss your rights and legal options. 908-312-0368

Disclaimer: This webpage contains general information about New Jersey drug charges and potential penalties for informational purposes only and does not constitute legal advice. The information provided is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Attorney Advertising.  Brett M. Rosen, Esq. is licensed to practice law in New Jersey and New York. Laws and penalties can change; this information is current as of May 2025 but should not be relied upon as a substitute for consultation with a qualified attorney regarding your specific situation. Prior results do not guarantee a similar outcome in any future case.