NJ N.J.S.A. 2C:35-5. MANUFACTURE OR DISTRIBUTION OF CONTROLLED DANGEROUS SUBSTANCES (“CDS”)
Understanding New Jersey Law on Manufacturing and Distribution of Drugs
When it comes to drug manufacturing, distribution, or dispensing, New Jersey has strict laws that impose serious penalties. It is essential to comprehend what the regulations state under 2C:35-5 section of the New Jersey Criminal Law. The law prohibits any person from knowingly and purposefully engaging in the following acts:
– Manufacturing, distributing or dispensing controlled substances
– Creating, distributing or possessing counterfeit controlled substances
The law bars someone from doing any of these things unless authorized by state law. Unlawful possession or storage of controlled substances with the intention to dispense or distribute is also deemed a felony. Let us take an in-depth look at the penalties one may face if found guilty.
Penalties for Violating the NJ Law
If you are charged with violating the manufacturing and distribution law in New Jersey, severe implications follow. The degree of offence depends on the type and amount of substance involved. Below are some penalties one may face if found guilty:
First-Degree Crimes
It is a first-degree offence if a person manufactures or distributes drugs such as heroin and its analogs, coca leaves and salt compounds involving five ounces or more. Similarly, possessing lysergic acid diethylamide (LSD) analogs weighing 100 milligrams is regarded as a first-degree crime in New Jersey.
Other conditions that can result in this degree of conviction include making and distributing certain hallucinogens like peyote mushrooms weighing at least one ounce. Others include methamphetamine; including adulterants such as phenyl-2-propanone (P2P), marijuana ranging from 25 pounds, hashish measuring five pounds; among other substances.
The punishment involves sentencing to imprisonment for several years where one remains ineligible for parole during their minimum sentence term except as provided in N.J.S.A 2C:35-12. There is also a fine of up to $500,000 imposed on the accused.
Second-Degree Crimes
A distribution offence involving heroin weighing half an ounce or more but less than five ounces constitutes a second-degree crime. The same applies to other drugs categorized as narcotic in schedules I and II, excluding those covered specifically by law. A prison sentence over several years follows a guilty verdict, including a fine of $75,000.
Third-Degree Crimes
Any action of distributing or possessing with the intention to dispense any substance classified as narcotic drugs falls under third-degree crimes. Such substances weigh less than an ounce for schedule I narcotics and less than one-half-ounce for drug analogs in schedules I and II.
Other narcotics like marijuana ranging from an inch but less than five pounds, hashish exceeding five grams ending at one pound, while most other controlled substances ranking on schedule I-IV; fit this degree of conviction. The resulting penalty involves imprisonment for several years followed by imposing fines up to $25,000.
Fourth-Degree Crimes
The fourth-degree crime is established if someone distributes or possesses marijuana below one ounce and less than 5 grams of hashish.
Criminal charges related to drug manufacturing or distribution are severe charges in New Jersey that can lead to significant punishments. Drug Laws can be specific and complex depending on the type of drug involved, making it essential to appoint professional attorneys with relevant experience to defend your rights when charged with such offenses.
Maury Koffman Law Office
If found guilty of manufacturing, distributing, or dispensing controlled substances in New Jersey, you need immediate legal representation. Contact Todd Spodek today at (212) 300-5196; our team comprises exceptional professionals with substantial legal experience required for cases related blue-collar crimes such as drug manufacturing.
Our lawyers work closely with every client throughout this difficult time while offering effective communication coupled with creative legal strategies known for securing plea bargains such as pre-trial intervention, avoiding trial entirely. At Maury Koffman Law Office, schedule a free consultation today!
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS