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Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
  • Former County & Municipal Prosecutors
  • Decades of Case Success Stories

Schedule of Drugs Under New Jersey Law

New Brunswick NJ CDS Distribution Lawyers

All intent to distribute charges handled at the Superior Court in New Brunswick involve “scheduled” controlled dangerous substances, also known as CDS. A controlled dangerous substance is a drug that has been classified under New Jersey law in one of five (5) schedules. These schedules coincide with the perceived potential for abuse of the related drugs. Irrespective of which schedule a drug is found on, a charge for distribution of CDS, is always a felony criminal charge. The degree of crime and related penalties fluctuate, however, based on the schedule the drug falls on and the amount of the CDS being distributed, sold or manufactured. If you have been charged with possession with intent and are facing a fourth degree, third degree, second degree or even a first degree indictment in New Brunswick, we have the attorneys you need. Our staff includes several former prosecutors and a defense team with decades of experience defending Middlesex County drug offenses.  Give our New Brunswick office a call today at 732-246-7126.

Classification of Controlled Dangerous Substance

CDS is listed on Schedules I through V based on its official name, chemical name or trade name. And to convict someone of possession of a controlled dangerous substance, the prosecutor must establish that you had actual or constructive possession of a drug listed on one of these schedules or is an equivalent to an already listed substance. Possession of certain Schedule I CDS, for example, possession of 50 grams or less of marijuana, is only a disorderly persons offense. In contrast, there are certain drugs whose possession in the smallest quantity is always a felony like cocaine, heroin, and methamphetamine to name a few. The lawyers at our firm has decades of experience defending all drug possession offenses in Middlesex County.

Schedule I

These substances have a high potential for abuse and no acceptable medical use in treatment in the United States, or it lacks accepted safety for use in treatment under medical supervision. This schedule includes the drugs the coincide with the most serious offenses. This schedule list includes both hallucinogens and narcotics. Specifically, some of the substances included are:

  • Marijuana
  • Hash
  • Heroin
  • LSD
  • Acid
  • MDMA
  • Synthetic Marijuana
  • Psilocybin Mushrooms

Schedule II

These substances have a high potential for abuse, along with currently accepted medical use in the United States with severe restrictions. Abuse of a Schedule II could lead to physical or psychic dependence. Specifically, some of the substances included are:

Schedule III

These substances have a potential for abuse, though this potential is less than that of Schedule I and II. These substances have an accepted medical use in treatment in the United States. Also, these substances could cause high psychic dependence or low/moderate physical dependence. Specifically, some of the substances included are:

  • Anabolic Steroids
  • Ketamine
  • Tylenol With Codeine
  • Testosterone
  • Buprenorphine (Suboxone)

Schedule IV

These substances have a low potential for abuse, relative to that of Schedule I, II and III. These substances have an accepted medical use in treatment in the United States. Also, these substances could cause limited psychic dependence or physical dependence. Specifically, some of the substances included are:

  • Alprazolam (Xanax)
  • Clonazepam (Klonopin)
  • Diazepam (Valium)
  • Darvocet (propoxyphene and acetaminophen)
  • Zolpidem (Ambien)

Schedule V

These substances have a low potential for abuse, relative to that of Schedule I, II, III and IV. These substances have an accepted medical use in treatment in the United States. Also, these substances could cause limited psychic dependence or physical dependence. THese drugs may be sold over-the-counter for medical purposes. Specifically, some of the substances included are:

  • <200 milligrams of codeine
  • <100 milligrams of dihydrocodeine
  • <100 milligrams ethylmorphine
  • <2.5 milligrams diphenoxylate
  • <100 milligrams opium