2C:35-10 Possession, use or being under the influence, or failure to make lawful disposition
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.
Amended 1988, c.44, s.5; 1997, c.181, s.6.
Wednesday, January 3, 2024
2C:35-10 Possession, Use or Being Under the Influence
