2C:35-3: NJ Law for Leader of a Narcotics Trafficking Network

 

NJ Law 2C:35-3: Being the Leader of a Narcotics Trafficking Network

What does 2C:35-3 actually say?

The key parts of 2C:35-3 say that it’s illegal to be a leader of a narcotics trafficking network. This includes leading, organizing, supervising, or managing a scheme to manufacture, distribute, dispense, transport, or finance illegal drugs. We’re talking heroin, cocaine, methamphetamine, prescription opioids – you name it.

The law also bans investing money to start or run a drug network, or using violence and threats to keep it going. And it prohibits hiring people under 18 to join the operation.

What are the penalties?

As you can imagine, the penalties for breaking 2C:35-3 are pretty steep. We’re talking first degree crimes here, with up to life in prison and fines up to $750,000. Yikes!

The exact sentence depends on how much illegal product you’re moving. More than 5 ounces of heroin/cocaine/meth/etc. bumps it up to life imprisonment with no parole for 25 years. Even lower amounts can mean 10-20 years behind bars.

What does the prosecution have to prove?

To convict someone under this statute, prosecutors have to prove a few key things beyond a reasonable doubt:

• The defendant acted as an organizer, supervisor, financier, or manager of a drug network
• They did so knowingly (were aware of their role)
• The network involved manufacturing, distributing, dispensing, transporting, or financing a controlled dangerous substance (heroin, cocaine, etc.)

Mere buyers or sellers don’t count – this law targets higher-level operators running organized networks.

What are some defenses that could work?

Facing charges under 2C:35-3 is scary, but experienced criminal defense lawyers know how to fight these types of charges. Here are some options:

• You were just a minor player – Argue you had a low-level role like a courier or lookout versus leading the whole network.
• No organization existed – Challenge whether prosecutors can prove an organized structure beyond just a buyer-seller relationship.
• You withdrew from the group – If you took steps to leave the network, it could help show lack of intent.
• Entrapment – Argue overzealous police pushed you into committing a crime you wouldn’t have otherwise.
• You were unaware – Claim you didn’t know illegal activity was happening (tough argument to make).
• Challenge evidence – File motions to suppress evidence that was obtained illegally.

Bottom Line

New Jersey doesn’t mess around when it comes to leaders of drug trafficking networks. The penalties are extremely high. But an experienced criminal defense attorney can thoroughly analyze the prosecution’s case and identify weaknesses to fight the charges. Don’t go it alone if you’re accused under 2C:35-3 – get a lawyer on your side ASAP. They can negotiate with prosecutors or take your case to trial if needed. There are options to explore, so don’t lose hope!