Drug cases can involve possession, distribution, intent to distribute, paraphernalia, search and seizure, laboratory testing, quantity, and the defendant’s connection to the place or item where drugs were found. The statute and the exact substance charged matter.
Possession of a Controlled Dangerous Substance
- the substance was a controlled dangerous substance or controlled substance analog covered by the statute;
- the defendant knowingly or purposely possessed or obtained it, either actually or constructively; and
- the possession was not authorized by a valid prescription, order, or other lawful authority.
Constructive possession requires more than mere presence near the substance. The State must prove the legally required connection and control.
Distribution or Possession With Intent to Distribute
- the substance was a controlled dangerous substance, controlled substance analog, or covered counterfeit substance;
- the defendant acted knowingly or purposely; and
- the defendant manufactured, distributed, or dispensed it, or possessed or controlled it with intent to manufacture, distribute, or dispense.
When quantity affects grading, the State must prove the quantity required for the grade charged. Intent to distribute is often proved circumstantially from the totality of the evidence.
Drug Paraphernalia
- the item was drug paraphernalia within the statutory framework; and
- the defendant used it, or possessed it with intent to use it, for a prohibited drug-related purpose such as preparing, testing, storing, containing, concealing, ingesting, or otherwise introducing a controlled substance into the body.
Search and Seizure Often Matters
Drug cases commonly raise Fourth Amendment and New Jersey constitutional questions involving motor-vehicle stops, consent, probable cause, warrants, searches incident to arrest, protective sweeps, containers, residences, phones, and other digital evidence. A suppression issue can be as important as the chemistry of the substance itself.
Laboratory and Identification Evidence
The State ordinarily must establish that the substance is what it claims to be. Depending on the case, that may involve laboratory testing, chain of custody, expert testimony, field testing, or other admissible proof. Quantity may also matter to grading or sentencing.
What the Defense Looks At
The defense examines possession, knowledge, intent, constructive possession, the legality of the search, the reliability and admissibility of testing, chain of custody, quantity, statements, co-occupants or co-defendants, and whether facts the State labels as evidence of distribution have an innocent explanation.