The Municipal Courts of New Jersey have jurisdiction to hear certain drug-related offenses:

NJSA 2C:5-10(a)(4): possession of 50g or less of marijuana or 5g or less of hashish;

NJSA 2C:35-10(b): using or being under the influence of CDS;

NJSA 2C:35-10(c): failure to deliver CDS to police;

NJSA 2C:36-2: possession of drug paraphernalia

These are considered to be disorderly person offenses. Don’t let that label lead you to assume that the potential consequences are less than very serious. If you are convicted, the Court can impose a $500.00 Drug Enforcement Reduction penalty; a $50.00 lab fee for each CDS charge; a fine of up to $1,000 and/or incarceration for up to six months. A $50.00 VCCB penalty is mandatory.

For most people, however, the most significant penalty involved is the loss of your driver’s license. If you are convicted, the Court will suspend your driver's license for between six months and two years. It may also impose probation for up to two years, drug counseling, periodic urine testing, alcohol and/or psychiatric counseling and community service.

There may be an alternative for you. A New Jersey statute (N.J.S.A. 2C: 36A-1) provides that a person not previously convicted of a drug offense and who has not previously been granted "supervisory treatment" under other New Jersey statutes may apply for a conditional discharge. The Court may, on its own or upon motion by defense counsel, suspend further proceedings and place the defendant on supervisory treatment, such as probation, attendance at Narcotics Anonymous, etc.

Allowing you to participate in conditional discharge is discretionary with the Court. The Court needs to be convinced that your participation in the program will not endanger the community, and that there will be benefit to you and the community from your participation.

Participation is not cost free. The cost of conditional discharge is a $45.00 application fee; a mandatory $500.00 DEDR penalty, and $50.00 lab fee. The conditional discharge period lasts between 6 months and 2 years. If during the conditional discharge period you are convicted of another drug offense or violate the conditions set by the Court, your prosecution will continue.


We’d be pleased to help you with your matter. We offer free consultations. Visa and MasterCard are accepted. Call us at (732) 238-8686.


Email: BBL@BowneBarryLaw.com