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 form from a practitioner, while acting in the
course of his professional practice, or except as otherwise authorized by
P.L.1970, c.226 (C.24:21-1 et seq.).
Any person who violates this section with respect to:
(1) 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
crime of the third degree except that, notwithstanding the provisions of
subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;
(2) Any
controlled dangerous substance, or its analog, classified in Schedule V, is
guilty of a crime of the fourth degree except that, notwithstanding the
provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be
imposed;
(3) 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 fourth degree,
except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3,
a fine of up to $25,000.00 may be imposed; or
(4) Possession
of 50 grams or less of marijuana, including any adulterants or dilutants, or
five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section
while on any property used for school purposes which is owned by or leased to
any elementary or secondary school or school board, 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.
b. Any person
who uses or who is under the influence of any controlled dangerous substance,
or its analog, for a purpose other than the treatment of sickness or injury as
lawfully prescribed or administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be
necessary for the State to prove that the accused did use or was under the
influence of any specific drug, but it shall be sufficient for a conviction
under this subsection for the State to prove that the accused did use or was
under the influence of some controlled dangerous substance, counterfeit
controlled dangerous substance, or controlled substance analog, by proving that
the accused did manifest physical and physiological symptoms or reactions
caused by the use of any controlled dangerous substance or controlled substance
analog.
c. Any person
who knowingly obtains or possesses a controlled dangerous substance or
controlled substance analog in violation of subsection a. of this section and
who fails to voluntarily deliver the substance to the nearest law enforcement
officer is guilty of a disorderly persons offense. Nothing in this subsection
shall be construed to preclude a prosecution or conviction for any other
offense defined in this title or any other statute.
L.1987, c.106, s.1; amended 1988, c.44, s.5; 1997, c.181,
s.6.
