HACKENSACK, NJ - New Jersey continues to classify certain hallucinogenic substances as Schedule I controlled substances, meaning possession remains a criminal offense despite recent changes to how some cases are charged. New Jersey drug crimes attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/is-possession-of-mushrooms-a-felony-in-new-jersey/) is explaining how New Jersey classifies possession of these controlled substances and what penalties may apply.
According to New Jersey drug crimes attorney Adam M. Lustberg, a 2021 statutory amendment downgraded possession involving a small quantity of this controlled substance from a third-degree crime to a disorderly persons offense, though possession above that threshold can still be charged as a third-degree crime. "The amendment reduced the penalty, but it did not legalize possession or use," Lustberg explains. "People are sometimes surprised to learn the substance remains illegal outside a narrow research exception."
New Jersey drug crimes attorney Adam M. Lustberg notes that manufacturing, distribution, or possession with intent to distribute these controlled substances can lead to a third-degree indictable charge carrying up to five years in prison and significant fines. Prosecutors may point to packaging, cash, or quantity to argue that a case involves distribution rather than simple possession.
Attorney Lustberg adds that New Jersey law recognizes both actual and constructive possession. "Constructive possession cases often come down to who had access to the area where the substance was found," he notes. "That distinction can matter significantly in a shared living situation."
The firm reviews the circumstances of each arrest, including how the controlled substance was found, whether proper testing and chain-of-custody procedures were followed, and whether a valid legal basis supported the search. A limited hospital research pilot program now allows regulated study of these controlled substances in New Jersey, but the firm advises that this program does not extend to personal use, cultivation, or sharing outside that setting.
Lustberg further advises that immigration consequences can be significant for non-citizens facing a controlled substance charge, since federal law treats most such convictions as deportable offenses. "Anyone without citizenship status should get advice on the immigration consequences before resolving a case," he says. "That step should happen early, before a plea is entered."
The firm notes that several defenses may apply depending on how the arrest and search occurred, including challenges to an unlawful search or seizure, questions about ownership or control when the substance was found in a shared space, and issues with how the substance was tested or handled by law enforcement. Statements made without proper Miranda warnings may also be subject to challenge in an appropriate case.
Attorney Lustberg points out that an arrest does not automatically result in a conviction. "The state still has to prove every element of the charge beyond a reasonable doubt," Lustberg notes. "That includes proving the substance was tested correctly and that the chain of custody was maintained from the moment it was seized." The firm reviews search procedures, lab reports, and arrest documentation to identify weaknesses in the prosecution's case before deciding on a defense strategy.
The firm notes that New Jersey law also treats using or being under the influence of a controlled substance as a separate disorderly persons offense, and prosecutors are not required to identify the specific substance if they can otherwise prove the symptoms resulted from a prohibited substance. A separate charge can apply if a person knowingly possesses a controlled substance and fails to turn it over to law enforcement when required.
Lustberg advises that the outcome of a possession case often depends on the amount involved, the evidence gathered during the arrest, the defendant's prior record, and whether diversion options such as Pretrial Intervention or conditional dismissal are available. Each of these factors is reviewed early in the case to help identify the strongest available defense strategy for the client.
For those facing a controlled substance possession charge in New Jersey, understanding the classification, potential penalties, and available defenses can help protect legal rights and clarify next steps.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based law firm dedicated to criminal defense throughout Bergen County and New Jersey, including controlled substance possession and distribution matters. Led by attorney Adam M. Lustberg, the firm represents clients facing these charges at every stage of the criminal process. For consultations, call (201) 880-5311.
Email: alustberg@lustberglaw.com
Media Contact
Name
Lustberg Law Offices, LLC
Contact name
Adam M. Lustberg
Contact phone
(201) 880-5311
Contact address
1 University Plaza Dr #212
City
Hackensack
State
NJ
Zip
07601
Country
United States
Url
https://www.lustberglaw.com/
