
Comedian Artie Lange, who appeared in state Superior Court in Newark for a probation violation on Friday, avoided jail time even though he tested positive for drugs.
Instead, Judge Nancy Sivilli directed Lange’s attorney to make an application to drug court. If Lange is not accepted into the program, he will again face a jail sentence.
Before Sivilli made her decision, she requested that Lange undergo a drug test and return to the courtroom.
Lange, who is serving four years of probation after pleading guilty to heroin possession, tested positive for cocaine, amphetamine, benzodiazepines and Suboxone. Lange’s lawyer, Frank Arleo, told the judge he had prescriptions for the benzos and amphetamine. Suboxone is used to treat opioid addiction.
Assistant Prosecutor Tony Gutierrez said Lange would have had to use cocaine within the last two days in order to test positive.
“I wouldn’t be arrogant enough to come in here after using cocaine for two days,” said Lange, 51, wearing a dark blue “New York” hoodie, his nose appearing deflated and misshapen from a long history of snorting cocaine and heroin. “It’s in my system and it shouldn’t be.”
“Heroin is out of my life," he said.

In October, Lange tested positive for drugs more than once — for both cocaine and opioids — which made jail time a real possibility for the comedian, who spent nearly a decade as a host on “The Howard Stern Show" and has a recurring role on the HBO series “Crashing.”
Earlier this month, the comedian returned from a short stint in rehab.
“He keeps doing Band-Aid-type remedies for himself,” Gutierrez said, referencing Lange’s latest rehab program, which covered 25 days. He said the approach is not appropriate for someone like Lange, who has dealt with addiction for decades.
Artie Lange avoids jail but tests positive for cocaine at N.J. court appearance. ‘It’s in my system’