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Middlesex County Criminal Defense Lawyer

  • Over 200 Years of Combined Experience
  • Former Director in Middlesex County Prosecutor's Office
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Imitation CDS Charges

Middlesex County Imitation Drugs Defense Lawyers

If you have been charged or indicted for the third degree crime of possession or distribution of a fake or imitation controlled dangerous substance (“CDS”), our defense lawyers are ready to defend you. We are The Law Offices of Jonathan F. Marshall, the largest criminal firm in Middlesex County, employ several former prosecutors, and have over a century of experience defending drug charges.  An attorney on our defense team even served as the supervisor of the gangs, guns and drug task force of the Middlesex County Prosecutor’s Office. Whether your are facing charges from Woodbridge, Jamesburg, Milltown, Edison or East Brunswick, we have the tools to succeed on your behalf. Call our New Brunswick Office at 732-246-7126 for a free consultation with one of our attorneys. 

Charged With Selling or Possessing Imitation CDS in Middlesex County

If you have been charged with an imitation CDS offense the first thing you probably want to know is what the prosecutor must prove to convict you of this offense. This offense is set forth at N.J.S.A. 2C:35-11, titled “Imitation controlled dangerous substances; distribution, possession, manufacture, etc.; penalties”, and this law provides, in pertinent part, that:

a.  It is unlawful for any person to distribute or to possess or have under his control with intent to distribute any substance which is not a controlled dangerous substance or controlled substance analog:

(1)  Upon the express or implied representation to the recipient that the substance is a controlled dangerous substance or controlled substance analog; or
(2)  Upon the express or implied representation to the recipient that the substance is of such nature, appearance or effect that the recipient will be able to distribute or use the substance as a controlled dangerous substance or controlled substance analog; or
(3)  Under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous substance  or controlled substance analog. Any of the following shall constitute prima facie evidence of such circumstances:

(a)  The substance was packaged in a manner normally used for the unlawful distribution of controlled dangerous substances or controlled substance analogs.
(b)  The distribution or attempted distribution of the substance was accompanied by an exchange of or demand for money or other thing as consideration for the substance, and the value of the consideration exceeded the reasonable value of the substance.
(c)  The physical appearance of the substance is substantially the same as that of a specific controlled dangerous substance or controlled substance analog.

b.  It is unlawful for any person to manufacture, compound, encapsulate, package or imprint any substance which is not a controlled dangerous substance, controlled substance analog or any combination of such substances, other than a prescription drug, with the purpose that it resemble or duplicate the physical appearance of the finished form, package, label or imprint of a controlled dangerous substance or controlled substance analog.

Explanation of this Law. N.J.S.A. 2C:35-11 makes it a third degree crime for a person to possess, manufacture, sell or distribute a legal substance under circumstances that creates the appearence (i.e. can be expressed or implied) that the material is a controlled dangerous substance (CDS) and/or drug, or can be distributed as such because of its nature, appearance or effect. In this regard, it should be emphasized that the accused need not affirmatively represent that the substance is a drug because liability is also triggered under this law when someone possesses, distributes or sells a substance under circumstances which would lead a reasonable person to believe that the substance was a controlled dangerous substance.

How Does The State Prove This Offense? The state can use several facts to obtain an indictment for possession or distribution of imitation CDS. First, the prosecutor can point to the fact that the substance was packaged in a manner usually reserved for CDS. Second, if the substance was transferred for a value consistent with drugs as opposed to the real substance, that will support a violation. For example, if a gram of baby powder is being sold for $40, the Court could reasonably infer that it was being represented as CDS. Another consideration is whether the physical appearance of the substance is the same or substantially the same as a specific CDS.

Penalties If You Possess, Sell or Distribute Imitation CDS

It is a third degree felony crime to possess or distribute imitation drugs. This level of crime exposes an individual to five (5) years in prison under New Jersey law if they possessed or distributed imitation CDS. In addition, while the maximum fine for a third degree crime would normally be $15,000, N.J.S.A. 2C:35-11 allows a court to impose a fine of up to $200,000. A drivers license suspension of six (6) months to two (2) years applies. Probation, community service, and drug testing/counseling, may also be ordered at the time of sentencing.

New Brunswick NJ Imitation CDS Attorney

If you are facing imitation drug possession or distribution charges at the Middlesex County Superior Court, New Brunswick NJ, we can help you. We have over 100 years of experience handling indictable criminal charges, including many years working the other side of cases as prosecutors, and are ready to assist you. Call one of our local offices if you have been charged in New Brunswick, Old Bridge, Piscataway, Sayreville or South Plainfield with an imitation drug offense.