Heroin Possession NJSA 2C:35-10 is the possession of Heroin for your own personal use. The quantity must at least weigh a trace amount so that it can be tested to prove positive for heroin. The maximum quantity for a possession of heroin charge is up to 1/2 of an ounce or 14.17 grams. Generally a pack, hit, cut or bubble is between .1 to .25 grams but because it is not sold or packaged by machines it is generally not accurately measured and the quantity of actual heroin can be very small since it is generally used with a carrier to bulk it up. But the carrier bulk will be considered heroin if enough heroin exists in the package to test positive. We have found in many cases that the heroin the charged person may possess did not test positive for heroin. This is a complete defense to your charge but unless you have a lawyer and unless your lawyer asks for these test results you may never know you had a complete defense to your heroin charge.

If you do get charged with possession and the heroin in fact does tests positive to be heroin. Don’t expect the courts or law enforcement to be on your side and treat you as a victim or just another drug addict. You will be treated as a criminal. The courts have taken a zero tolerance for heroin drug charges. Thus, you can be charged and convicted of having even a trace of heroin and the court will charge you the same as if you had 3 decks (30 packets of heroin). A strong defense to a heroin possession charge cannot and should not rely on what you did but what the police and prosecutors did in the stop, arrest, questioning if any, and the laboratory testing.

Since a possession charge for heroin can encompass up to 1/2 oz of heroin you could have even more than 100 hits, packs, cuts or bubbles or up to 10 bundles and still only be charged with personal use. However, generally any quantity over a bundle even if under 1/2 oz would be
considered both personal use and distribution since most users don’t purchase in this quantity size. However, the state must prove more than just mere possession but intent to sell this type of charge can many times be won by a strong and experienced heroin defense lawyer. BUT, Whether you have been arrested with one hit or ten bundles you face jail, don’t let this happen to you, let Attorney
Aalsberg put his 98%* success rate to work for you, Don’t let an addiction to heroin or other drugs
ruin your future, help with your Heroin charge is only a phone call away.