| 2C:35-10.
Possession of CDS
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.
L.1987, c.106, s.1; amended 1988, c.44, s.5; 1997,
c.181, s.6.
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