Kenneth Vercammen Law Office.732-572-0500. Edison, NJ.
October 26, 2015
Single tablet dismissed as de minimis State v. Cancio, Law Div.-Bergen County.
Single tablet dismissed as de minimis State v. Cancio, Law
Div.-Bergen Cy. (Doyne, J.S.C.) Defendant Alvin Cancio filed a motion
to dismiss River Edge summons No. W-2014-000101, in which he was charged
with possession of a controlled dangerous substance as de minimis,
pursuant to N.J.S.A. 2C:2-11. Defendant was charged with this offense,
as well as driving while intoxicated, careless driving and failure to
maintain lane after being stopped by police and arrested. The
application for de minimis dismissal was opposed by the Office of the
Bergen County Prosecutor. The small quantity of Alprazolam found was of
little value and no violence or weapons were involved. The pill remained
in defendant’s wallet. The court found the prosecutor would be
hard-pressed to show prosecuting defendant for possession of a single
tablet of Alprazolam under a belief the pill was a sexual enhancer would
attack either the supply side or demand side of the drug problem.
Further, the court found it unclear what societal harm was caused by
defendant’s possession of a single tablet under the belief it was a
sexual enhancer. Defendant’s conduct was “trivial,” at least as it
pertains to creating a permanent record for a young offender attempting
to work and pay off hundreds of thousands of dollars of medical bills
that arose from a car accident that left him severely injured.
Incarceration or a permanent record for inadvertently possessing a
single tablet of a CDS would not help defendant, the hospital or
society. Defendant’s motion to dismiss complaint-summons number
0252-S-2014-000101 as de minimis was granted.