There are a variety of compounds that, under NJ law, are categorized as “controlled dangerous substances”, often abbreviated as CDS. These drugs are illegal to possess, sell or distribute except as provided under specific criteria under the law (NJSA 2c 35 10a). CDS drugs are broken down into five schedules based on a handful of considerations. These drugs are categorized by the NJ Department of Health. We will break down how they classify these substances and which substances fall under which schedule.
Criteria for Classifying Controlled Dangerous Substances
When considering the schedule in which to place controlled dangerous substances, the Department of Health considers the following:
- Actual or potential abuse of a substance
- How the substance affects the human body
- Scientific data about the substance
- Historical pattern of abuse that has been documented in regards to the substance
- How widespread the abuse of the substance is
- Impact on public health
- Whether the substance is addictive
- There is a similar drug already classified as a CDS drug
Depending on which of these a substance falls under, the department will decide whether it will be classified as a CDS drug and which schedule it will fall under.
Controlled Dangerous Substances Schedules
Located under N.J.S.A. 24:21-5, Schedule I CDS have no accepted medical use and a high potential for abuse. Some of the substances in this category are:
Located under N.J.S.A. 24:21-6, Schedule II CDS have a currently acceptable medical use in the United States, but a high potential for abuse. They can cause severe psychological and physical addiction.
- Opioids (with some exceptions)
- Oxycodone (OxyContin, Percocet)
- Hydrocodone (Vicodin)
- Amphetamine (Dexedrine, Adderall)
Located under N.J.S.A. 24:21-7, Schedule III CDS have potential for addiction and abuse but not to the degree of a schedule II CDS.
- Anabolic Steroids
- Drugs containing trace amounts of codeine (Tylenol)
Located under N.J.S.A. 24:21-8, Schedule IV CDS have low potential for addiction and abuse compared to those in schedule II and schedule III.
- Alprazolam (Xanax)
- Clonazepam (Klonopin)
- Zolpidem (Ambien)
- Darvocet (propoxyphene and acetaminophen)
- Diazepam (Valium)
Located under N.J.S.A. 24:21-9, Schedule V CDS have low potential for addiction and abuse and often contain trace amounts of other scheduled materials.
- < 200 milligrams of codeine
- < 100 milligrams of dihydrocodeine
- < 100 milligrams ethylmorphine
- < 2.5 milligrams diphenoxylate
- < 100 milligrams opium
Contact Schneider Freiberger Today About CDS Charges
If you are facing charges for possession, production, or distribution of a CDS drug in New Jersey, you will need an attorney who can minimize the penalties and make sure your rights are properly observed. Contact Schneider Freiberger today to discuss your case.