Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.
Possessing a Schedule I through IV drug without a valid prescription is a third-degree crime in New Jersey under N.J.S.A. 2C:35-10, with 3 to 5 years of possible prison and a fine of up to $35,000. Schedule V and more than 6 ounces of marijuana are fourth degree. Small amounts of marijuana are no longer an offense for adults.
Key takeaways
- Possessing a Schedule I–IV drug without a valid prescription is a third-degree crime (3–5 years, up to $35,000).
- Schedule V and more than 6 ounces of marijuana are fourth-degree crimes.
- Conditional discharge or PTI may end an eligible case without a conviction.
What's the penalty for possession of CDS in NJ?
| Substance | Grade | Prison | Max fine |
|---|---|---|---|
| Schedule I–IV (cocaine, heroin, fentanyl, many pills) | Third degree | 3–5 years | $35,000 |
| Schedule V | Fourth degree | Up to 18 months | $15,000 |
| Marijuana over 6 oz or hashish over 17 g | Fourth degree | Up to 18 months | $25,000 |
| Psilocybin 1 oz or less | Disorderly persons | Up to 6 months | DP fine |
| Marijuana 6 oz or less (adults) | No offense | None | None |
What is constructive possession (drugs in a shared car or apartment)?
Possession can be actual (on your person) or constructive (in a place you control, with knowledge and intent to control it). Two or more people can share possession. Being near drugs, or in a car or home where drugs are found, is not by itself enough; the State must prove knowing possession.
Can I avoid a conviction for a first possession charge?
First-time indictable possession charges are often considered for PTI. Disorderly persons drug charges may qualify for conditional discharge.
Related guides
- Intent to distribute
How New Jersey grades possession with intent to distribute by drug and weight under N.J.S.A. 2C:35-5, how intent is proven, and aggregation rules.
- Conditional discharge
New Jersey's conditional discharge program for first-time disorderly persons drug offenses: who qualifies, supervision of up to 3 years, the $75 fee, and dismissal without a conviction.
- Marijuana law in NJ
What New Jersey's 2021 cannabis laws changed: the 6-ounce possession limit, the odor rule for searches, what is still a crime, and marijuana DWI.
- School and park zone charges
How New Jersey's 1,000-foot school zone and 500-foot public housing, park, and building zones work for drug distribution charges, and how distances are challenged.
Frequently asked questions
Is possession of pills without a prescription a crime in New Jersey?
Yes. Possessing a Schedule I to IV substance without a valid prescription is a third-degree crime.
If drugs were found in a car I was in, am I guilty of possession?
Not automatically. The State must prove you knew about the drugs and intended to control them.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
