CDS stands for Controlled Dangerous Substance. It is illegal to be in possession of CDS drugs. There is a federal law that regulates the United States’ drug policy. This law is the Controlled Substances Act. (CSA)
The CSA has an outline for how to regulate each drug. They then organize these drugs into 5 categories. It refers to the categories as “schedules”.
Remember this: the first, is the worst. Do you see how it rhymes? The first schedule includes drugs like heroin, meth, and LSD. We do not consider them to have any medical value.
The United States Drug Enforcement Agency (DEA) has also identified these drugs as harmful because of their high addiction rate. The DEA publishes a complete list of CDS drugs. They are constantly updating this list.
NJ CDS Drug Schedule
|SCHEDULE||NAME OF DRUG||HOW ADDICTIVE?|
|I||Heroin, Meth, LSD||Highest Addiction Rate|
|II||Cocaine, Oxycodone||High Addiction Rate|
|III||Ketamine, Anabolic Steroids||Potential for Abuse|
|IV||Diazepam, Midazolam||Lower than I, II, III|
|V||Codeine, Motofen||Lowest Potential|
How Does a Drug Become CDS?
Under the CSA, certain factors are considered in determining the “dangerousness” of a particular drug. Once, the drug is analyzed and determined to be harmful, it gets a “CDS drug” classification.
These are the factors listed under federal law:
- Its actual or relative potential for abuse.
- Scientific evidence of its pharmacological effect, if known.
- The state of current scientific knowledge regarding the drug or other substance.
- Its history and current pattern of abuse. The scope, duration, and significance of abuse.
- What, if any, risk there is to the public health.
- Its psychic or physiological dependence liability.
- Whether the substance is an immediate precursor of a substance already controlled under this subchapter.
Federal CDS Drug Schedule
CDS Drug Possession Penalties
First off, it is important to know the amount (weight) of drugs that you were in possession of.
The greater the “weight” or amount of drugs found in your possession, the more serious the consequences.
If you were charged with small amounts of drugs (for personal use), your matter will be most likely be treated as a misdemeanor.
An example of a small amount would be less than 50 grams of marijuana.
The maximum penalties for misdemeanor drug charges are up to six months in jail and up to a $1,000.00 fine.
All other drug possession charges are treated as felony matters.
You will be facing either 1st, 2nd, 3rd or 4th-degree felony charges.
Can I Get Probation for CDS charges?
Again, everything depends on the amount of drugs in your possession and the type of charges.
For example, if the police caught you with a blunt and arrested you for simple CDS possession, then you could probably get into the conditional discharge program.
However, if the police arrest you for 3-rd degree felony “weight”, then we would need to do everything to get you into PTI.
If you’ve been arrested for and type of CDS drug charges, we are here to help you.