2C:35-10
Possession, use or being under the influence, or failure to make lawful
disposition
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.