Controlled Substance Scheduling (Part 2)

by | Dec 12, 2019 | Blog, Criminal Law, Drug Crime, Monmouth County, New Jersey, Ocean County

The Appellate Division continued in relevant part: Defendant argues alpha-PVP’s designation as such by the federal government does not necessarily mean the substance was in Schedule I under the CDSA. Rather, defendant contends that once the federal government schedules a substance, N.J.S.A. 24:21-3(c) requires the Director to either update the list of controlled substances through publication in the New Jersey Register or file an objection to the federal government’s scheduling of the substance. Because the Director never formally recognized alpha-PVP as a controlled substance after the federal government did so, defendant argues his possession of alpha-PVP was not contrary to New Jersey law at the time of his arrest.

We disagree. When the federal government schedules a substance, N.J.S.A. 24:21-3(c) gives the Director thirty days to do one of two things: (1) control the substance consistent with the federal government’s scheduling, or (2) file an objection in the New Jersey Register. Absent is a requirement that the Director give notice when he or she intends to control the substance as directed by federal law. Thus, if the Director fails to file an objection to the federal government’s scheduling within thirty days, as was the case with alpha-PVP, the Director must control the substance consonant with federal law.

The regulations promulgated by the Director confirm that substances scheduled by the federal government automatically receive the same designation under the CDSA, unless the Director objects. N.J.A.C.13:45H-1.7 provides: regulations promulgated pursuant to the United States Comprehensive Drug Abuse Prevention and Control Act of 1970, which designate, reschedule or delete a substance as a controlled substance under Federal Law, shall be deemed to be effective under the CDSA thirty days after their effective date of the Federal regulation, unless the Director, within that thirty day period, shall object to inclusion, rescheduling or deletion, which objection shall thereafter be published in the New Jersey Register.

Here, inertia works in favor of the prosecution. It is doubtful that the state authorities analyze every controlled substance that is banned by the federal government. Even if they did, there is little motivation to object to a classification of a potentially harmful drug.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Great law firm always give me the updates i need thanks guys... Mark.
Mark P
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr Sisto is an excellent lawyer. The tickets I received were nothing compared to the charges i had originally. I got the best possible outcome for my case, and Mr Sisto was incredibly understanding and patient and responded to any questions I had within about 30 minutes of me asking them. I'll be going to him again for any legal trouble I have in the future
Brandon K
Google star 1Google star 2Google star 3Google star 4Google star 5
Great attorney, responded very quickly to our emails and calls. The office staff is attentive and knowledgeable as well. Over all a great experience. Highly recommend him.
Alexandra L
Google star 1Google star 2Google star 3Google star 4Google star 5
Keeps me well informed ! Thank you
Koy T
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto handled a case regarding my business. He was always available to answer my calls directly and helped me with any questions I had. He also had the case dismissed before I was even able to make it to the court room! I know it can be difficult when finding an attorney but I know I made no mistake choosing the law offices of Frederick Sisto, I highly recommend him!!
Kari J
Google star 1Google star 2Google star 3Google star 4Google star 5
I got my life back together because of this man he is quick,strategic,and will get you threw almost any criminal matter.When things are looking rough legal wise he will fight for you…FRED SISTO THE WAY TO GO!!!
Byron P
Google star 1Google star 2Google star 3Google star 4Google star 5
Antes que todo le doy las gracias señor Frederick P Sisto por representarme legalmente es usted un excelente abogado que habla con la verdad desde el principio es usted un abogado profesional que que sabe bien lo que hace ante los juzgados sin importar mi estatus legal en este país me represento con respeto y sobre todo muy profesionalmente y pudo hacer q bajaran mi delito de segundo grado a tercer grado y lo mejor que no permitió que me dieran tempo en carcel mi familia y yo estamos muy agradecidos con usted Puedo recomendar al señor abogado Frederick P Sisto como un excelente abogado y sin duda COMO UNO DE LOS MEJORES DEL ESTADO DE NEW JERSEY First of all I thank you Mister Frederick P Sisto for representing me legally you're an excellent lawyer who speaks to the truth from the beginning you are a professional lawyer who knows well what you do before the courts regardless of my legal status in this P Country I represent with respect and especially very professionally and could make Q lower my second-degree offense to third grade and the best I did not allow me to give tempo in jail my family and I are very grateful to you I can recommend Mr. Freder Attorney Ick P Sisto as an excellent lawyer and certainly as one of the best in the state of NEW JERSEY
Raul F
Google star 1Google star 2Google star 3Google star 4Google star 5
Current Pre law students and I had a question pertaining to a certain scenario in class. He responded back and gave me a case that broke down exactly what I asked for.
Chad T
Google star 1Google star 2Google star 3Google star 4Google star 5
Frederick Sisto Law Office guided me through my legal needs, they were very responsive and professional and I would use certainly use them again
Ryan P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred never represented me but been in touch with him a few times and was a very professional experience from the minute I called the office
Jj B