N.J.S.A. 2C:35-13 · Drug Offenses
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What the law says
It is unlawful to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception, or subterfuge. It is also unlawful to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21.
This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).
What the State must prove
To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:35-13, that means:
- The person acquired or obtained possession of a controlled dangerous substance or controlled substance analog.
- The person acquired or obtained possession of it by misrepresentation, fraud, forgery, deception, or subterfuge.
- The person acquired or obtained possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21.
How the charge is graded
- A violation of this section shall be a crime of the third degree.
Penalties in the statute
- A fine of up to $50,000.00 may be imposed.
General sentencing ranges
Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:
| Offense level | Ordinary term | Maximum fine |
|---|---|---|
| Third degree | 3 to 5 years | Up to $15,000 |
Other rules that can matter
- Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.
Common defense strategies
Every case turns on its facts, but defenses we often explore include:
- Motions to suppress evidence from unlawful stops, searches, or warrants
- Challenging possession, especially constructive possession in shared cars or homes
- Lab testing, chain of custody, and weight calculations
- Diversion such as conditional discharge (N.J.S.A. 2C:36A-1) or PTI where eligible
What to do right now
- Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
- Write down everything you remember, including names, times, and locations.
- Keep every document you received, such as the complaint, summons, and release conditions.
- Follow all release and no-contact conditions exactly.
- Call a New Jersey criminal defense lawyer before your first court date.
How we help
Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Obtaining CDS by Fraud charge.
Related charges
- Strict Liability for Drug-Induced Death →
- Loitering to Obtain or Distribute CDS →
- Possession of CDS →
- Possession with Intent to Distribute CDS →
- Drug Distribution in a School Zone →
- Leader of a Narcotics Trafficking Network →
- Maintaining or Operating a CDS Production Facility →
- Drug Paraphernalia →
Sources
- N.J.S.A. 2C:35-13 on Justia (2024 New Jersey Revised Statutes)
- N.J.S.A. 2C:43-6, sentences of imprisonment for crimes
- N.J.S.A. 2C:43-3, fines
- N.J.S.A. 2C:43-8, disorderly persons sentences
Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.
Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.