What Is A CDS Drug?
Speak With a New Brunswick NJ CDS Distribution Lawyer Near You
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 arrested and 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 skilled and dedicated attorneys you need. Our established law firm staff includes several former prosecutors and a qualified defense team with decades of experience defending Middlesex County drug offenses. Whether you’re a first-time offender or facing repeat charges, our aggressive and strategic representation can help you understand what to expect in court and explore whether charges can be dismissed or reduced. Give our New Brunswick office a call today at 732-246-7126 for an immediate, confidential consultation.
Classification of Controlled Dangerous Substance (CDS Drugs) in New Jersey
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. Understanding the difference between schedules is critical, as prosecutors must prove intent to distribute through evidence such as quantity thresholds, weight measurements, paraphernalia, and sometimes confidential informant testimony or undercover operations. 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. Defendants facing these charges should know that conviction results in a criminal record with significant employment impact and potential immigration consequences, along with mandatory license suspension and possible prison time. The lawyers at our firm has decades of experience defending all drug possession offenses in Middlesex County, and our attorneys negotiate plea deals, file suppression motions challenging illegal searches, and represent clients in drug court and diversion programs to help them avoid jail through alternative sentencing options.
CDS Schedule I
These substances have a high potential for abuse and no medical use or 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, often carrying mandatory minimum sentences and enhanced penalties in school zones or drug-free zones. This schedule list includes both hallucinogens and narcotics. From a defendant perspective, being charged with Schedule I substances means facing the most severe criminal penalties, but our attorneys challenge illegal searches by filing Fourth Amendment suppression motions and ensuring defendants exercise their constitutional rights including Miranda rights. Specifically, some of the substances included are:
- Marijuana
- Hash
- Heroin
- LSD
- Acid
- MDMA
- Synthetic Marijuana
- Psilocybin Mushrooms
CDS 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 opioid or painkiller could lead to physical or psychic dependence, making them highly addictive and subject to unlawful trafficking. Many defendants charged with illegal possession of these prescription medications have a valid prescription defense, and our firm provides comprehensive legal support to prove lawful use or challenge the prosecution’s evidence regarding probable cause for the search warrant. Specifically, some of the substances included are:
- Hydromorphone (Dilaudid)
- Methadone
- Meperidine (Demerol)
- Oxycodone (OxyContin, Percocet)
- Hydrocodone (Vicodin)
- Fentanyl
- Morphine
- Codeine
- Amphetamine, including Dexedrine & Adderall
- Methylphenidate (Ritalin)
- Cocaine
- Methamphetamine
CDS 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. Defendants charged with Schedule III offenses may be eligible for pretrial intervention, conditional discharge, or drug treatment court programs that focus on rehabilitation rather than incarceration, and judges may impose probation instead of prison time depending on the defendant’s prior criminal record and whether this is a first-time drug offense. Specifically, some of the substances included are:
- Anabolic Steroids
- Ketamine
- Tylenol With Codeine
- Testosterone
- Buprenorphine (Suboxone)
CDS 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. Schedule IV benzodiazepine charges often arise from recreational use without a valid prescription, and law enforcement may conduct investigations based on drug tests or substance abuse patterns. Our licensed attorneys represent defendants by examining whether police violated Fourth Amendment protections during the search and seizure, and we consult with clients to determine if they qualify for expungement options after sentencing or can plead to reduced charges to minimize fines and avoid mandatory sentencing. Specifically, some of the substances included are:
- Alprazolam (Xanax)
- Clonazepam (Klonopin)
- Diazepam (Valium)
- Darvocet (propoxyphene and acetaminophen)
- Zolpidem (Ambien)
CDS 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. While Schedule V offenses carry the lowest penalties, a conviction still results in a criminal record that can affect employment and may require expungement proceedings to clear. 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
Charged with Poss Schd I II III in New Jersey?
If you’ve been arrested and charged with possession of a scheduled controlled substance in New Jersey you need an experienced and proven drug defense attorney on your side. Whether you need a lawyer to beat drug charges, understand how much jail time you’re facing, explore whether you can get probation, or determine your drug court eligibility, our successful trial attorneys provide affordable and personalized service with proven results. We represent defendants at every stage—from bail hearings and plea bargain negotiations to trial and sentencing—and we fight to protect your constitutional rights while addressing concerns from a first-time offender perspective, addiction recovery perspective, and family member perspective. Contact the Law Offices of Jonathan F. Marshall to set up a free case evaluation today to see how we can fight to protect your rights and explore all available defense strategies to dismiss or reduce your charges.
