Types of Drug Offenses

Attorney Joseph Eustace

I see most of the time in the Municipal Court minor drug offenses, that is possession of under 50 grams of marijuana and sometimes you’ll see possession of heroin or cocaine that’s been downgraded to the Municipal Court under a statute called Failure to Make a Lawful Disposition of a Controlled Dangerous Substance. It’s basically low level amounts. For marijuana it’s under 50 grams, for the other offenses, for more serious narcotics it’s for very minor amounts.

If you have more than 50 grams of marijuana or most of the time if you’re in possession of, you know, an amount of cocaine or heroin then you’re facing charges that are under the state statute but they carry up to five years in jail if it’s just possession. Many times if somebody is charged with possession they are also charged with an intent to distribute the narcotics. That’s where it really gets serious.

If you’re in possession of, let’s say, 10, 15, 20 bags of cocaine, they’re going to say that you had an intent to distribute it versus if you are in possession of one or two bags where it was for personal use -- or if it was just for use.

If you’re charged with intent to distribute especially if you’re within a thousand feet of a school zone, that’s when some mandatory penalties come into play. If you’re found within a thousand feet of a school zone distributing a controlled dangerous substance, namely cocaine or heroin, you’re looking at a mandatory three year period of incarceration before you’re even eligible for parole.

If you’re in possession of under -- excuse me -- in possession of marijuana with intent to distribute, the penalties are not as severe but it does carry a mandatory period of incarceration.

Now I can help you because sometimes if you have no prior record I’m able to negotiate with the prosecutor, maybe get you into something called Drug Court. That’s sort of like a diversionary program. It’s a scared straight approach. They, you know, they make sure that you get drug treatment, that you get a job, you’re subject to random urines and constant monitoring by the probation department. It’s very hard to complete that program but if you do there is a very good chance that you’re not going to reoffend.

So those are some of the things I can do for somebody or if they’re charged with a serious offense, maybe I’m able to negotiate something so that it’s a less serious statute that you enter a plea of guilty to, but the bottom line is the greater the amount or how the material, or how the substance is packaged determines whether it is heard in Municipal Court or if it’s heard in Superior Court. Greater the amount more likely it’s an indictable offense and you’re going to be seeing a county judge and you’re going to be facing some serious consequences for your actions.

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