New Jersey Criminal Lawyers Blog

A relatively new epidemic has hit Ocean County, Monmouth County, and all of New Jersey in a strong way. The sale and use of Heroin has been on the rise in suburban and rural neighborhoods in relatively affluent areas throughout Monmouth County and Ocean County. A recent Asbury Park Press article follows the story and timeline of the drug abuse of a young man addicted to drugs and the drug culture since the age of 13. The story is rather alarming and at times difficult to read. The young man was a bright student at Southern Regional High School in Stafford Township, New Jersey. Being interested and excelling in science subjects such as chemistry and biology, teachers recommended that he enroll in Rutgers University's Pharmacy School. What his High School teachers did not realize was that he already was getting a "street" education on drugs. The young man started experimenting with drugs around the age of 13 with the gateway drug of marijuana. From there, it was a spiral downward including LSD, Ecstasy, and then on to opiate derivatives and other strong prescription drugs such as OxyContin, Percoset, and Vicodin.

The young man explains how he got accepted to Rutgers' Pharmacy program and how he continued his habit through school. While at Rutgers, he found other people immersed in the drug culture and noted that they all seemed to be from families who had money. The traditional image of drug abuse more or less is seen as dirty crack-houses, dark allies, and pushy drug dealers with guns in dangerous cities such as Newark and Camden. This image drastically changed during the prescription drug revolution of the early 2000's. Young people could acquire drugs in their own backyards. Neptune and Tinton Falls became a breeding ground for drug abuse and trafficking. In fact, Neptune Police confiscated 5,000, 5-ounce bags of heroin ready for sale during a routine traffic stop. This news sent shockwaves through Monmouth County and Ocean County.

So why heroin? The young man explains that it was much cheaper than designer prescription drugs. He could acquire a bag of heroin (he was up to 50 bags a day at one point) for as cheap as $4.00 a bag while prescription drugs could range anywhere from $25.00 to $50.00 per pill. The availability and cost of heroin was a welcome surprise to which the young man and many others took advantage of. According to those in the heroin drug culture, most started by stealing prescription drugs from their parents medicine cabinets and buying pills from New Jersey housewives looking to make money. When the costs had risen and the supply dwindled, they were left with no choice but to snort or shoot heroin.

The Asbury Park Press article also brings to light the legal ramifications of possessing, distributing, and trafficking of heroin and other drugs. With law enforcement officials aware of the troubled areas and making every effort to crack down, those involved in the culture will inevitably suffer the consequences of the law. There are a number of New Jersey Statutes that an offender could be charged with and later convicted of. The most common drug charges in New Jersey include N.J.S. 2C:35-10; Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition. If an individual possesses, uses, or is found under the influence of a drug or its analog, listed on a very comprehensive schedule broken into 5 parts, he or she can be convicted of a 3rd or 4th degree crime depending on which part of the schedule the controlled dangerous substance (CDS) appears. If the CDS appears on parts one through four of the schedule, the individual will be charged with a 3rd degree crime. Penalties for a 3rd degree offense include a fine of up to $35,000.00, imprisonment of between 3 and 5 years, community service, and court costs and other fees.

Of course, every incident is different and there are factors surrounding an arrest that could allow the prosecutor to charge and individual with a 1st or 2nd degree criminal offense as well. If an individual was caught with a CDS on part five of the schedule, he or she will be charged with a crime in the 4th degree. Penalties for a conviction can include a fine of up to $15,000.00, imprisonment of up to 18 months, community service, and court costs and other fees. If an individual is caught with under 50 grams of Marijuana or under 5 grams of Hashish, he or she will be charged as a disorderly person, not as a 3rd or 4th degree criminal. Penalties for a disorderly persons offense include a fine of up to $1,000.00, up to six months in jail, community service, and court costs and other fees.