New Jersey Schedule of Drugs
Parsippany NJ Drug Possession and Distribution Lawyers
If you are charged with a drug crime in Morris County, NJ, the controlled dangerous substance, or CDS, will fall within one of New Jersey’s Drug Schedules. All controlled dangerous substances are classified as either Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V. The specific classification is based on current scientific information about the substance, an assessment of the drug’s potential for abuse, and other factors such as whether or not it poses a risk to public health. If a person is charged with possession of CDS or drug distribution in New Jersey, the drug’s location in the schedules is important when determining the degree of the charges. In cases involving distribution or intent to distribute drugs, the amount of CDS involved will also come into play. Under NJ law, the degree of a drug charge will then determine the potential penalties associated with a conviction.
If you have been arrested for a drug offense in Morristown or Morris County, New Jersey, the criminal defense lawyers at The Tormey Law Firm are here to help. Our defense team includes a former Morris County Prosecutor who worked on large-scale drug distribution cases, including an indictment for distributing over 350 pounds of marijuana. We use our experience on both sides of the criminal justice system to craft the most effective defenses for our clients. Regardless of the degree of your drug charges, our commitment is always to pursue the best possible result. Contact us anytime at (908) 336-5008 for a free consultation about your drug case.
Controlled Dangerous Substance (CDS) Schedules in New Jersey
The New Jersey Controlled Dangerous Substances Law, also known as the NJ CDS Act (24:21-1 – 24:21-56), includes all of the drug schedules and the controlled substances contained therein. It explains that the Director of the Division of Consumer Affairs in the Department of Law and Public Safety considers the following when determining whether to control a substance:
(1) Its actual or relative potential for abuse;
(2) Scientific evidence of its pharmacological effect, if known;
(3) State of current scientific knowledge regarding the substance;
(4) Its history and current pattern of abuse;
(5) The scope, duration, and significance of abuse;
(6) What, if any, risk there is to the public health;
(7) Its psychic or physiological dependence liability; and
(8) Whether the substance is an immediate precursor of a substance already controlled under this
After considering the above factors, the director then decides where the drug should be classified within the schedules based on the potential for abuse, dependence, and whether or not the drug has an acceptable use in treatment under medical supervision.
Schedule I Drugs
A Schedule I drug is classified as such if it: (1) has high potential for abuse; and (2) has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision. Some examples of Schedule I controlled dangerous substances include: marijuana, heroin, MDMA (Ecstasy, Molly), synthetic marijuana, and LSD.
Schedule II CDS
A Schedule II drug must meet the following criteria: (1) has high potential for abuse; (2) has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) abuse may lead to severe psychic or physical dependence. Some examples of Schedule II controlled dangerous substances include: Cocaine, OxyContin, Percocet, Vicodin, Methadone, Morphine, Adderall, and Ritalin.
Schedule III Drugs
A Schedule III substance is considered as follows: (1) has a potential for abuse less than the substances listed in Schedules I and II; (2) has currently accepted medical use in treatment in the United States; and (3) abuse may lead to moderate or low physical dependence or high psychological dependence. Some examples of Schedule III controlled dangerous substances include: Suboxone and Ketamine.
Schedule IV Drug Types
A Schedule IV drug (1) has low potential for abuse relative to the substances listed in Schedule III; (2) has currently accepted medical use in treatment in the United States; and (3) may lead to limited physical dependence or
psychological dependence relative to the substances listed in Schedule III. Commonly known Schedule IV drugs include: Klonopin, Xanax, and Valium.
Schedule V CDS
Schedule V controlled dangerous substances (1) have a low potential for abuse relative to the substances listed in Schedule IV; (2) have currently accepted medical use in treatment in the United States; and (3) have limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV. You may be familiar with many of these drugs, as they are often available at your local pharmacy. These drug formulations must contain less than a threshold amount of certain substances like codeine in order to be classified as Schedule V.
Washington Township NJ Drug Defense Attorneys
If you have been charged with possession or distribution of CDS in Madison, Chatham, East Hanover, Jefferson, Montvale, or elsewhere in Morris County, NJ, our drug defense lawyers thoroughly investigate your case to identify any weaknesses that may be used to obtain a dismissal. We also assist clients with enrollment in diversionary programs like Conditional Discharge and the Pretrial Intervention Program (PTI), which result in an automatic dismissal of drug charges if you successfully complete them.
Whether you are facing a disorderly persons offense for possession of under 50 grams of marijuana or a first degree crime for heroin distribution, we know what it takes to win. Call The Tormey Law Firm in Morristown at (908) 336-5008 and begin building your best defense.