Possessing or Distributing Imitation Drugs

Imitation Drugs Attorney in Freehold

Dedicated to Defending Clients Facing Charges For Possession and Distribution of Imitation CDS in Monmouth County and across Southern New Jersey

Imitation Drug Defense Lawyers in Monmouth County NJThere is a long list of controlled drug substances (CDS) that are illegal in New Jersey. According to the New Jersey Controlled Dangerous Substances Act, possessing such controlled substances as cocaine, methamphetamine, LSD, MDMA, and heroin carries felony charges. However, controlled drugs are not the only substances that come with hefty consequences for possession in New Jersey. If you are in possession of or distributing a substance that is not an illicit drug but is meant to mimic it, you, too, are breaking the law.

If you are facing imitation drug charges, you need a trustworthy criminal defense attorney on your side. A conviction for possessing, dispensing, selling, or manufacturing imitation CDS can have severe consequences, and you are strongly urged to seek aggressive defense counsel from an experienced drug lawyer if you have been charged with such a crime. Chamlin, Uliano, & Walsh has tackled some of the most complex and challenging narcotics investigations and prosecutions targeting clients in Eatontown, Neptune, Hazlet, Middletown, Manasquan, Seaside Heights, Belmar, Wall, and other Monmouth and Ocean County areas. Contact us online or at (732) 440-3950 to speak with an experienced member of our law firm today.

Defining Imitation Drugs Under NJ Law

The term ‘imitation drugs’ refers to substances that are not scheduled drugs under New Jersey law but are arranged or packaged to appear as such. For example, aspirin pills packed and marketed as MDMA for distribution or oregano packaged as marijuana are imitation drugs.

Types of Imitation Drug Offenses Under N.J.S.A. 2C:35-11

According to N.J.S.A. 2C:35-11, which speaks to imitation drugs charges in New Jersey, there are three types of activities that constitute illegal imitation drug activity:

  • A person will be charged with an imitation drug crime if they pack a fake CDS in a way that resembles the method of packaging used for illegal controlled substances. Representing a fake drug as a real one constitutes crime.
  • It is illegal to distribute, or attempt to distribute, an imitation drug, claiming that it is in fact a valid CDS, for pay. Demanding pay in exchange for a fake drug, representing it as a real drug, constitutes crime.
  • It is illegal to possess or distribute an imitation substance that a reasonable person would consider to be an authentic controlled dangerous substance.

As such, if an imitation drug resembles a CDS and is packaged in such a way to contribute to that assumption, as well as if such a substance is sold, the culpable party will face felony drug charges.

Possible Penalties for Imitation CDS Possessing, Distributing, Packaging Offenses in New Jersey

Possession and distribution of imitation drugs are indictable offenses in New Jersey, which is the equivalent of felony charges elsewhere across the country. When you have been charged with violating N.J.S.A. 2C:35-11, such a crime is an indictable offense of the third degree. Imitation drug charges and charges associated with the possession and distribution of real CDS have the same felony implications. Third-degree offenses carry serious penalties in New Jersey. A third-degree imitation drug charge carries a possible prison sentence of up to five years upon conviction. Additionally, if convicted, a person is subject to a fine of up to $200,000. Finally, a person charged with the crime may lose their driver’s license for up to two years.

Charged with Imitation CDS in NJ, Which Court Will Handle My Case?

Third-degree felony offenses are handled in the New Jersey Superior Court. Depending on the circumstances of your charge, however, a skilled defense attorney may be able to help you have your charge reduced to a misdemeanor, which is handled in municipal court.

Freehold Imitation CDS Charge Lawyers First-Time Offenders Facing Imitation Drugs Charges may Access NJ Diversionary Programs

Some diversionary programs are available to those who are first-time offenders, depending on the circumstances of the case. Pre-trial intervention is an alternative to prosecution in which a person avoids a criminal conviction by participating in a years-long PTI program that includes such activities as community service, regular drug and alcohol testing, counseling, restitution, and loss of driving privileges. Similarly, veterans with a history of or evidence of mental illness who are charged for the first time with a drug offense may be able to participate in a similarly functioning Veterans Diversion Program. For others whose offenses stem from substance abuse issues, alternative consequences and treatments are available through New Jersey Drug Court.

Contact Asbury Park Imitation Drug Defense Attorneys

A defense attorney is a necessary ally in any drug case, including those involving counterfeit controlled dangerous substances. Prosecutors and judges do not look kindly upon drug offenders, especially those who distribute and those who attempt to swindle clients, potentially putting them in further danger. A skilled and experienced criminal defense attorney at Chamlin, Uliano, & Walsh will help you contest your drug charge, potentially negotiating a lesser sentence, helping you gain access to a diversionary program, or invalidating the evidence against you in court. If you have been charged with possessing or attempting to sell an imitation drug in Ocean Township, Lavallette, Asbury Park, Red Bank, Belmar, Howell, or other towns in Monmouth County and the greater Jersey Shore area, contact a member of our team at (732) 440-3950 or fill out our online intake form to set up a confidential consultation to discuss your case. You have the right to a strong defense, and there are many options for moving forward. Let us assist you.