Navigating the Complexities of Synthetic Drug Charges in New Jersey
October 8, 2024
Synthetic drug use and its devastating effects are on the rise in the United States. In fact, New Jersey has seen an increase in synthetic drugs and associated deaths from various synthetic or designer drugs, raising alarm among lawmakers and law enforcement officials who seek to find and punish users, producers, and distributors across the state. New Jersey does not see these drugs as less serious than many other controlled dangerous substances, taking an aggressive approach when it comes to the possession and distribution of synthetic drugs. Fortunately, there are many viable alternatives to a conviction when you or someone you love is facing synthetic drug charges, so it is important to have your case thoroughly reviewed and skillfully handled by a drug defense attorney.
Synthetic Drugs: The Basics
Synthetic drugs are essentially chemical copycats of existing drugs. They are specially formulated to produce the same effects as existing illegal drugs like LSD, cocaine, and cannabis. However, the chemical makeup is not consistent. Synthetic chemical compounds are constantly changing to imitate and enhance illicit drugs and avoid detection by the authorities. The danger is the inconsistency in strength since such drugs are not regulated, and dosages vary, making complications, bad reactions, and fatalities high on the scale of likelihood for people who take these drugs.
Breaking Down the Different Categories of Synthetic Drugs
- One of the most common synthetics is Molly, which is a substitute synthetic drug for methylenedioxymethamphetamine, commonly known as ecstasy. Ecstasy users seek a heightened sensory experience. This feel-good drug contains stimulants, but the synthetic version can contain other chemicals, such as MDPV (a stimulant).
- Another common synthetic drug is Spice or K2, which imitates and intensifies the effects of marijuana. While the THC of the cannabis plant can produce a mellow high, the synthetic version can increase the depressant and mind-altering effects of the plant.
- LSD and mescaline are hallucinogenic drugs users enjoy to escape reality and alter perception. Dimethyltryptamine or DMT contains tryptamines and phenethylamines, common psychedelic compounds. It has a variety of street names, including Nexus, Blue Mystic, and Foxy.
- Smiles or 2C-I-NBOMe is a powerfully concentrated hallucinogenic that also acts like LSD or other hallucinogenic. A minuscule amount can alter a user’s state.
- Bath salts simulate the effects of cocaine, a stimulant that raises the body’s vitals, such as heart rate and blood pressure, to increase energy and mood. Users snort bath salts for an intensified sensation of cocaine’s effects.
- Finally, Flakka or gravel is another powerful stimulant and hallucinogenic with its primary ingredient polyvinylpyrrolidone PVP). Flakka is also highly potent and concentrated, so that a tiny amount can produce a powerful effect.
Synthetic Drugs are Illegal in NJ
All designer drugs are potentially harmful, resulting in permanent health damage or death. As such, they are illegal in New Jersey. You cannot possess, manufacture, or distribute these drugs without severe consequences. New Jersey regulates synthetic drugs just as it does for the original drugs they imitate, such as heroin, cocaine, LSD, and marijuana. Like federal law, New Jersey schedules controlled dangerous substances (CDS) according to their potential for abuse and medicinal benefits (or lack thereof). Federal law, more specifically, The Synthetic Drug Abuse Prevention Act of 2012, schedules synthetic drugs like the drugs they impersonate. For example, just as any other illegal drug, bath salts are likewise illegal to possess, manufacture, or distribute.
Charged with Synthetic Drugs in NJ, What am I Facing?
Synthetic drug charges in New Jersey depend on the specific offense and the quantity of the drug involved. The charges range from fourth to second degree, typically, which means the possible penalties start at a potential 18 months and range up to 10 years in prison.
Fourth degree criminal convictions for synthetic drug crimes carry a maximum 18-month prison sentence and a $10,000.00 fine at the highest end of the range. Third degree synthetic drug charges come with a 3 to 5-year prison sentence and financial penalties up to $15,000.00. Second degree criminal convictions for designer drug offenses carry the longest sentence and highest fine of all, including incarceration for anywhere from 5 to 10 years and a fine not to exceed $150,000.00.
An arrest for smaller amounts of synthetic drugs may result in a disorderly persons offense, which is punishable by up to 6 months in jail and a $1,000.00 fine, maximum. Thus, if you are caught with a small amount of synthetic marijuana, you may be charged with a disorderly persons offense. These cases are distinct from others involving synthetic drug crimes of the second, third, or fourth degree, as only DP offenses are handled in Municipal Court, while indictable crimes are heard and decided in Superior Court.
While the charges and consequences of a conviction are varied, all criminal convictions can create long-lasting effects on your employment, housing, and educational prospects. A criminal record can limit you financially and personally unless and until you expunge your criminal record.
Effective Ways to Defend a Synthetic Drug Case
A skilled drug defense lawyer on our team can discuss defense strategies that may apply to your case, but the following provides more information about the different ways to successfully contest a synthetic drug charge. Each of these defenses may result in the dismissal of your case, reduced charges, lesser penalties, or an alternative to jail or prison through avenues like probation.
- Key Issue #1: Since a synthetic drug is illegal for its chemical properties that are similar and produce similar effects as an existing illegal drug, one defense is proving your synthetic drug is not chemically like another drug outlawed by the federal or state government.
- Key Issue #2: The state cannot convict you of possession if you did not have the drug on your person or within your control. For example, your roommate’s synthetic drugs may not be considered yours when you have no ability to access or control those drugs. You may not even know of their existence.
- Key Issue #3: If the police find your roommate’s designer drugs or any drugs on your person or in your residence or vehicle by carrying out an illegal search, they violate your constitutional rights. The evidence supporting synthetic drug charges may not be admissible in court to prove possession, manufacture, or distribution of an illegal substance when the seized evidence is obtained unlawfully. a random traffic stop without cause, an unconsented to vehicle search, or any other unwarranted and illegal search may result in a valid defense. The state cannot prove the charges without evidence of the drugs.
- Key Issue #4: Other constitutional violations may weaken or eliminate the prosecution’s case. Every suspect detained and interrogated by the police must understand they have the right to remain silent and to have a lawyer represent them during the interrogation. Law enforcement must read suspects’ Miranda rights in these situations, or all testimony or other evidence the police uncover is inadmissible in court.
What Diversionary Programs may be Available in Synthetic Drug Cases?
New Jersey offers two diversionary programs for first-time offenders seeking to avoid a criminal record and incarceration. Pre-Trial Intervention (PTI) and conditional discharge are probationary programs that essentially do the same thing. PTI is for more serious offenses, specifically indictable crimes handled in Superior Court. A participant must complete the program, including counseling, drug tests, restitution payment, and meetings with a probation officer. Once completed, the charges are dismissed. Conditional discharge is a similar program for disorderly persons offenses handled in Municipal Court. Conditional discharge is specifically geared toward helping those with minor drug offenses to obtain a fresh start conviction-free.
Alternatively, Drug Court offers a diversionary option to those with substance abuse issues. This supervised program requires its participants to comply with stringent conditions over the course of several years. Ultimately, it allows participants to have their charges dismissed and receive an automatic expungement of their entire criminal record upon completion of the program. Lastly, the Veterans Diversion Program offers a unique opportunity to those who currently or formerly served on behalf of their country. For those eligible, it is a great way to circumvent prosecution, complete the program, and move on with their lives.
Explore Your Options with a Defense Attorney in Marlton, NJ
Facing drug charges that carry lengthy sentences is frightening. However, with a respected drug defense lawyer, you can feel more confident that your case will be handled competently, and you do not have to face prosecution alone. Hiring a criminal defense attorney to defend you against synthetic drug charges is essential. At Proetta, Oliver, & Fay, our skilled attorneys will review the circumstances and events leading to your arrest, including any details of a police stop and search to verify if the officers had reason to stop you. We will explore what the police said and did and whether their actions were lawful. If not, you may have valid defenses to the charges or strategies to weaken the prosecution’s case. Likewise, we will analyze the circumstances surrounding any search, detention, and interrogation to look for constitutional violations that may invalidate the state’s charges.
Exploring all avenues of your defense and diversionary program options are invaluable services that our criminal defense attorneys provide in order to secure the most desirable outcome possible when defending clients facing synthetic drug charges in Burlington County and throughout Southern New Jersey. Talk to a lawyer about your arrest and synthetic drug case by contacting us 24/7 online or calling 609-850-8284 for a free consultation.