Conspiracy to Possess a Controlled Dangerous Substance ("CDS")

Our New Jersey Drug Possession Conspiracy Attorneys Include Former Prosecutors With Over 200 Years of Experience That Include A Director Of The Drug Task Force

Conspiracy is a common companion offense when someone is charged with drug possession in New Jersey. We assume that you are facing these charges given the nature of your research. The attorneys at our firm are exceptionally positioned to defend you given our unique qualifications. Our team possesses:

  • Over 200 years of combined experience defending conspiracy and possession of controlled dangerous substance (“CDS”) charges throughout NJ
  • 10 lawyers who specialize exclusively in criminal defense
  • Former county prosecutors who have served in key positions like Director of the Drug Task Force, Major Crimes Bureau, Juvenile Unit, Special Operations (i.e. economic crimes) and even an entire Trial Division
  • Certified criminal trial attorneys
  • Decades of success representing clients who have been arrested for conspiracy to possess CDS

There is no doubting the exceptional nature of our skill and know-how in this area. Call 877-450-8301 for a free consultation with a NJ conspiracy defense lawyer at the Law Offices of Jonathan F. Marshall. Lawyers are available 24/7 to assist you.

Conspiracy to Possession CDS Offense in New Jersey

In order to be convicted under the NJ Conspiracy Law for possession of drugs or CDS, there are four (4) elements that must be proven by the prosecution beyond reasonable doubt. The state must establish that the accused:

  1. Had an object or purpose to possess CDS
  2. Entered into an agreement with at least one other person
  3. The agreement was to acquire or assist in the acquisition of CDS/drugs
  4. Engaged in an overt act or substantial step in pursuance of the conspiracy

When each and every one of these proofs have been established, an individual is guilty of conspiracy to possess drugs.

Penalties for Conspiracy & Possession of CDS

As a general rule, conspiracy to commit a particular offense results in the same grade or degree of crime as the underlying charge. In the case of conspiracy to possession CDS in violation of N.J.S.A. 2C:35-10, this means that you face a third degree crime and up to 5 years in prison if you conspired to possess a Schedule I, II, III or IV drug such as:

  • Cocaine
  • Heroin
  • Methamphetamine
  • LSD
  • MDMA (e.g. molly or ecstasy)
  • GHB
  • Bath Salts
  • Mushrooms or Mescaline/Peyote
  • Hydromorphone/Hydrocodone

  • Methadone
  • Oxycodone (OxyContin/RoxyContin)
  • Fentanyl
  • Buprenorphine (Suboxone)
  • Ketamine
  • Anabolic steroids
  • Alprazolam (Xanax)
  • Diazepam (Valium),
  • Lorazepam (Ativan)

Conspiracy results in a fourth degree crime and up to 18 months in prison if the object of the conspiracy is possession of more than 50 grams of marijuana or 5 grams of hashish, or a Schedule V drug.

Mandatory Penalties Under the Comprehensive Drug Reform Act Do Not Apply To Conspiracy. In accordance with the Appellate Division decision of In the Interests of W.M., 237 N.J.Super. 111 (App.Div.1989), the mandatory penalties that apply for possession of cds do not apply when the conviction is for conspiracy, including the 6-24 driver’s license suspension and DEDR penalty (i.e. $1,000 for a third degree crime and $750 for a fourth degree crime).

Conspiracy to Possess Drugs Defense Lawyers in New Jersey

If you were arrested for CDS possession, conspiracy to possess CDS or both, the attorneys at the Law Offices of Jonathan F. Marshall have the attributes needed to ensure you achieve the best outcome in your case. As you can see, we have credentials that are unquestionably rare, including many decades of experience battling drug possession charges throughout the state, including:


An attorney on our team is standing by to conduct a thorough review of the facts and circumstances surrounding your arrest and to formulate a comprehensive strategy to defend your conspiracy charge. Contact us at 877-450-8301 for a free consultation immediately.