There are a number of viable defenses and arguments which can be pursued
to achieve a successful result for someone charged with Possession of Drugs.
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charged with criminal and disorderly persons offenses. We provide representation
throughout New Jersey. Criminal charges
can cost you. If convicted, you can face
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people.
The following are the current New Jersey Drug Law Definitions.
2C:35-2. Definitions.
"Administer" means the direct application of a controlled
dangerous substance or controlled substance analog, whether by injection,
inhalation, ingestion, or any other means, to the body of a patient or research
subject by: (1) a practitioner (or, in his presence, by his lawfully authorized
agent), or (2) the patient or research subject at the lawful direction and in
the presence of the practitioner.
"Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, or dispenser but does not include
a common or contract carrier, public warehouseman, or employee thereof.
"Controlled dangerous substance" means a drug, substance, or
immediate precursor in Schedules I through V, any substance the distribution of
which is specifically prohibited in N.J.S. 2C:35-3, in section 3 of P.L. 1997,
c.194 (C. 2C:35-5.2) or in section 5 of P.L. 1997,c. 194 (C. 2C:35-5.3) and any
drug or substance which, when ingested, is metabolized or otherwise becomes a
controlled dangerous substance in the human body. When any statute refers to
controlled dangerous substances, or to a specific controlled dangerous
substance, it shall also be deemed to refer to any drug or substance which,
when ingested, is metabolized or otherwise becomes a controlled dangerous
substance or the specific controlled dangerous substance, and to any substance
that is an immediate precursor of a controlled dangerous substance or the
specific controlled dangerous substance. The term shall not include distilled
spirits, wine, malt beverages, as those terms are defined or used in R.S.
33:1-1 et seq., or tobacco and tobacco products. The term, wherever it appears
in any law or administrative regulation of this State, shall include controlled
substance analogs.
"Controlled substance analog" means a substance that has a
chemical structure substantially similar to that of a controlled dangerous
substance and that was specifically designed to produce an effect substantially
similar to that of a controlled dangerous substance. The term shall not include
a substance manufactured or distributed in conformance with the provisions of
an approved new drug application or an exemption for investigational use within
the meaning of section 505 of the "Federal Food, Drug and Cosmetic
Act," 52 Stat. 1052 (21 U.S.C. s. 355).
"Counterfeit substance" means a controlled dangerous substance
or controlled substance analog which, or the container or labeling of which,
without authorization, bears the trademark, trade name, or other identifying
mark, imprint, number or device, or any likeness thereof, of a manufacturer,
distributor, or dispenser other than the person or persons who in fact
manufactured, distributed or dispensed such substance and which thereby falsely
purports or is represented to be the product of, or to have been distributed
by, such other manufacturer, distributor, or dispenser.
"Deliver" or "delivery" means the actual,
constructive, or attempted transfer from one person to another of a controlled
dangerous substance or controlled substance analog, whether or not there is an
agency relationship.
"Dispense" means to deliver a controlled dangerous substance
or controlled substance analog to an ultimate user or research subject by or
pursuant to the lawful order of a practitioner, including the prescribing,
administering, packaging, labeling, or compounding necessary to prepare the
substance for that delivery. "Dispenser" means a practitioner who
dispenses.
"Distribute" means to deliver other than by administering or
dispensing a controlled dangerous substance or controlled substance analog.
"Distributor" means a person who distributes.
"Drugs" means (a) substances recognized in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States,
or official National Formulary, or any supplement to any of them; and (b) substances
intended for use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in man or other animals; and (c) substances (other than food)
intended to affect the structure or any function of the body of man or other
animals; and (d) substances intended for use as a component of any article
specified in subsections (a), (b) and (c) of this section; but does not include
devices or their components, parts or accessories.
"Drug or alcohol dependent person" means a person who as a
result of using a controlled dangerous substance or controlled substance analog
or alcohol has been in a state of psychic or physical dependence, or both,
arising from the use of that controlled dangerous substance or controlled
substance analog or alcohol on a continuous or repetitive basis. Drug or
alcohol dependence is characterized by behavioral and other responses,
including but not limited to a strong compulsion to take the substance on a
recurring basis in order to experience its psychic effects, or to avoid the
discomfort of its absence.
"Hashish" means the resin extracted from any part of the plant
Genus Cannabis L. and any compound, manufacture, salt, derivative, mixture, or
preparation of such resin.
"Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of a controlled dangerous substance or
controlled substance analog, either directly or by extraction from substances
of natural origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of a controlled
dangerous substance or controlled substance analog by an individual for his own
use or the preparation, compounding, packaging, or labeling of a controlled
dangerous substance: (1) by a practitioner as an incident to his administering
or dispensing of a controlled dangerous substance or controlled substance
analog in the course of his professional practice, or (2) by a practitioner (or
under his supervision) for the purpose of, or as an incident to, research,
teaching, or chemical analysis and not for sale.
"Marijuana" means all parts of the plant Genus Cannabis L.,
whether growing or not; the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of such plant or its seeds, except
those containing resin extracted from such plant; but shall not include the
mature stalks of such plant, fiber produced from such stalks, oil or cake made
from the seeds of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks, fiber, oil, or cake,
or the sterilized seed of such plant which is incapable of germination.
"Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by a combination of extraction
and chemical synthesis:
(a) Opium, coca leaves, and opiates;
(b) A compound, manufacture, salt, derivative, or preparation of opium,
coca leaves, or opiates;
(c) A substance (and any compound, manufacture, salt, derivative, or
preparation thereof) which is chemically identical with any of the substances
referred to in subsections (a) and (b), except that the words "narcotic
drug" as used in this act shall not include decocainized coca leaves or
extracts of coca leaves, which extracts do not contain cocaine or ecogine.
"Opiate" means any dangerous substance having an
addiction-forming or addiction-sustaining liability similar to morphine or
being capable of conversion into a drug having such addiction-forming or
addiction-sustaining liability. It does not include, unless specifically
designated as controlled pursuant to the provisions of section 3 of P.L. 1970,
c.226 (C.24:21-3), the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
its salts (dextromethorphan). It does include its racemic and levorotatory
forms.
"Opium poppy" means the plant of the species Papaver
somniferum L., except the seeds thereof.
"Person" means any corporation, association, partnership,
trust, other institution or entity or one or more individuals.
"Plant" means an organism having leaves and a readily
observable root formation, including, but not limited to, a cutting having
roots, a rootball or root hairs.
"Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
"Practitioner" means a physician, dentist, veterinarian,
scientific investigator, laboratory, pharmacy, hospital or other person
licensed, registered, or otherwise permitted to distribute, dispense, conduct
research with respect to, or administer a controlled dangerous substance or
controlled substance analog in the course of professional practice or research
in this State.
(a) "Physician" means a physician authorized by law to
practice medicine in this or any other state and any other person authorized by
law to treat sick and injured human beings in this or any other state.
(b) "Veterinarian" means a veterinarian authorized by law to
practice veterinary medicine in this State.
(c) "Dentist" means a dentist authorized by law to practice
dentistry in this State.
(d) "Hospital" means any federal institution, or any
institution for the care and treatment of the sick and injured, operated or
approved by the appropriate State department as proper to be entrusted with the
custody and professional use of controlled dangerous substances or controlled
substance analogs.
(e) "Laboratory" means a laboratory to be entrusted with the
custody of narcotic drugs and the use of controlled dangerous substances or
controlled substance analogs for scientific, experimental and medical purposes
and for purposes of instruction approved by the State Department of Health and
Senior Services.
"Production" includes the manufacture, planting, cultivation,
growing, or harvesting of a controlled dangerous substance or controlled substance
analog.
"Immediate precursor" means a substance which the State
Department of Health and Senior Services has found to be and by regulation
designates as being the principal compound commonly used or produced primarily
for use, and which is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled dangerous substance or controlled
substance analog, the control of which is necessary to prevent, curtail, or
limit such manufacture.
"Residential treatment facility" means any facility licensed
and approved by the Department of Health and Senior Services and which is
approved by any county probation department for the inpatient treatment and
rehabilitation of drug or alcohol dependent persons.
"Schedules I, II, III, IV, and V" are the schedules set forth
in sections 5 through 8 of P.L. 1970, c.226 (C.24:21-5 through 24:21-8) and in
section 4 of P.L. 1971, c.3 (C.24:21-8.1) and as modified by any regulations
issued by the Commissioner of Health and Senior Services pursuant to his
authority as provided in section 3 of P.L. 1970, c.226 (C.24:21-3).
"State" means the State of New Jersey.
"Ultimate user" means a person who lawfully possesses a
controlled dangerous substance or controlled substance analog for his own use
or for the use of a member of his household or for administration to an animal
owned by him or by a member of his household.
"Prescription legend drug" means any drug which under federal
or State law requires dispensing by prescription or order of a licensed
physician, veterinarian or dentist and is required to bear the statement
"Caution: Federal law prohibits dispensing without a prescription"
and is not a controlled dangerous substance or stramonium preparation.
"Stramonium preparation" means a substance prepared from any
part of the stramonium plant in the form of a powder, pipe mixture, cigarette,
or any other form with or without other ingredients.
"Stramonium plant" means the plant Datura Stramonium Linne, including
Datura Tatula Linne.
