Possession of illegal drugs and/or illegal drug paraphernalia is a common charge written by the Long Beach Island Police Department.
If found with less than 50 grams of marijuana or hashish, you will most likely be charged as a disorderly person.
Possessing over 50 grams can lead to indictable offenses of varying degrees.
Drug paraphernalia is classified as anything used to grow, distribute, or introduce an illegal drug into the body.
Being caught in possession of drug paraphernalia can lead to a disorderly persons charge
Drug Possession and Distribution Charges in New Jersey
N.J.S.A. 2C:35-10 governs drug possession in Long Beach Island. The law states that it is unlawful for any person, knowingly or purposely, to obtain, or possess actually or constructively, a controlled dangerous substance or controlled substance analog. The penalties for drug possession depend on the type and quantity of the drug the offender possessed. Additionally, these penalties will increase in severity if the offender was caught on school property, within 1,000 feet of school property, or in the vicinity of other certain types of property.
A drug offender will face increased charges for possession of drugs which have a higher potential for abuse. Heroin is included in this category of drugs. Thus, possession of heroin constitutes a crime of the third degree. Accordingly, possession of heroin can expose you to penalties including a fine up to $35,000, up to 5 years in prison, and driver's license suspension.
N.J.S.A. 2C:35-5 prohibits the distribution, dispensing, or possession with intent to distribute a controlled dangerous substance or controlled substance analog. Similarly, N.J.S.A. 2C:35-7.1 covers specific violations of N.J.S.A. 2C:35-5. This statute states that “any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree.” Under N.J.S.A. 2C:35-7.1, it is not a defense that the offender was unaware that he was on or within 500 feet of a public housing facility, public park, or public building. The Allentown man was likely charged under this section.
Long Beach Island Police have a zero tolerance for drug offenses. New Jersey is cracking down on those in possession of drugs—especially those intending to distribute it. As the heroin epidemic persists, New Jersey law enforcement continues to punish these offenses harshly.
If you have been charged with possession of drugs or drug paraphernalia on Long Beach Island (Barnegat Light, Long Beach Township, Harvey Cedars, Surf City, Ship Bottom, or Beach Haven), contact the experience LBI criminal defense attorneys of Villani & DeLuca at 732-782-9833 for a free initial consultation.