NJ N.J.S.A. 2C:35-5. MANUFACTURE OR DISTRIBUTION OF CONTROLLED DANGEROUS SUBSTANCES (“CDS”)
Complying with the Law on CDS Distribution in New Jersey
CDS or Controlled Dangerous Substance Distribution is a complex and problematic legal issue in New Jersey. It is vital to understand the laws governing drug distribution and sales to avoid facing severe legal consequences. The manufacturing, distributing, or dispensing of controlled substances or controlled substance analogs are illegal except for authorized instances under P.L.1970, c. 226 (C.24:21-1 et seq.), according to the law.
Penalties for Violating New Jerseys CDS Distribution Law
The penalty will depend upon the amount and type of controlled substance involved in the crime. A person carrying a more substantial amount of illegal drugs faces more severe punishment. The trier of fact determines the quantity of controlled substances.
Crimes Committed Through Manufacturing, Distributing, or Dispensing Illegal Controlled Substances
Manufacturing, distributing or dispensing heroin, or its analog; coca leaves; any salt, compound, derivative; or preparation thereof including dilutants and adulterants in five ounces’ quantity makes it a first-degree crime punishable by imprisonment imposed by court sentence fixing minimum term barred from parole between one-third and one-half of given term’s imposition additionally finable up to $500,000.
If caught with substances referred to in paragraph 1 having half an ounce or more but less than five ounces’ quantity is guilty of a second-degree crime punishable by a fine not exceeding $75,000.
A third-degree crime involving these substances exists if they have a quantity less than half an ounce despite any provisions in subsection b. of N.J.S.2C:43-3.
Other Controlled Substances
A second-degree crime occurs when someone violates §2C:35-5(a)(1) possessing Schedule I or II controlled dangerous substance classified as narcotic excluding those specifically documented under this section weighing one ounce plus dilutants and adulterants or their analogs.
However, if it is a Schedule I or II drug weighing less than one ounce plus dilutants and adulterants, it is a third-degree crime (with exception to §2C:43-3 subsection b).
Crimes Committed Through Manufacturing, Distributing or Dispensing Lysergic Acid Diethylamide or Phencyclidine
A first-degree crime occurs when caught manufacturing, distributing, or dispensing lysergic acid diethylamide of 100 milligrams’ quantity or more including dilutants and adulterants up to fine not exceeding $500,000.
On the other hand, possessing a quantity of fewer than 100 milligrams with undetermined amounts including adulterants and dilutants results in a second-degree crime punishable by law.
Similarly involving phencyclidine or its analog of ten grams’ quantity plus dilutants and adulterants commits the first-degree crime. While possessing these substances in quantities of fewer than ten grams including all dilutants and adulterants result in committing second-degree crimes.
Crimes Committed Through Manufacturing, Distributing or Dispensing Methamphetamine, its Analog Or Phenyl-2-Propanone (P2P)
A person caught distributing, manufacturing, dispensing methamphetamine; phenyl-2-propanone (P2P); their analogs along with adulterants and dilutants exceeding five ounces in amount will be subjected to first-degree crimes with no more than $300,000 fines.
If possessing less than five ounces but half an ounce minimum amount elevates crime severity into second degree. However having below half an ounce increases like possessing other controlled substances into the third degree (except for provisions under §2C:43-3 subsection b).
Crimes Committed Through Manufacturing, Distributing, or Dispensing Marijuana or Hashish
Manufacturing marijuana with 25 pounds’ quantity or hashish with a five-pound quantity including adulterants and dilutants, along with hashish manufacturing plants with quantities weighing over fifty, while being caught in the act, constitutes a first-degree crime.
However, possessing marijuana weighing at least five pounds but less than 25 pounds (including all adulterants and dilutants), or more than ten but fewer marijuana plants weighing at least one pound of hashish including all adulterants and dilutants constitute a second-degree crime.
If someone is found possessing either marijuana or hashish below the amount stated above, then it will constitute a third-degree crime. However, if caught possessing less than one ounce of marijuana or less than five grams of hashish (including all adulterants and dilutants), it will become an offense in the fourth degree.
In summary, it is crucial to understand New Jersey’s CDS distribution laws to avoid drastic legal consequences for criminal actions involving controlled substances. For the legal counsel and representation that meets legal requirements, consulting experienced attorneys like Todd Spodek is always advised.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS