Maintaining a CDS Production Facility

Maintaining a CDS Production Facility: A Guide for Lawyers

Operating or maintaining a controlled dangerous substance (CDS) production facility is a very serious offense that can lead to severe criminal penalties in New Jersey. As a criminal defense lawyer, it’s crucial to understand the laws and potential defenses when representing a client facing charges under N.J.S.A. 2C:35-4. This article will provide an overview of the key issues and strategies in defending CDS production facility cases.

What Constitutes a CDS Production Facility?

Under New Jersey law, a CDS production facility is defined as any premises, place or facility used for manufacturing illegal substances like methamphetamine, LSD, PCP, GHB, flunitrazepam, or more than 5 pounds or 10 plants of marijuana[1]. The statute also applies to facilities producing substances listed under Schedule I or II of the Controlled Dangerous Substances Act[2].

To prove “maintenance” of a facility, prosecutors must show continuity in the use of a location for manufacturing drugs[3]. In other words, the premises must be used repeatedly over time, not just on a single occasion. Evidence like multiple batches of drugs, chemicals and equipment can help establish an ongoing operation.

Acts That Constitute Violations

There are several ways an individual can violate N.J.S.A. 2C:35-4:

• Knowingly maintaining or operating a CDS production facility[1]. This applies to owners, operators, employees, etc. who are aware illegal manufacturing is occurring on the premises.
• Aiding, promoting, financing or otherwise participating in maintaining or operating a facility[1]. This covers those who enable the facility without directly running it, like investors or partners.
• Purchasing, packaging or repackaging CDS from an illegal facility[3]. Buying or preparing products for distribution can qualify as participating.
• Organizing, supervising, financing or managing a manufacturing operation[2]. These roles constitute involvement even without physical maintenance duties.

The law casts a wide net in order to hold all participants in a drug production scheme accountable.

Penalties for Violations

Maintaining or operating a CDS facility is a first-degree crime in New Jersey, the highest level of felony offense[4]. Potential penalties include:

• 10-20 years in state prison[1]
• Fines up to $750,000 or 5 times the street value of the drugs produced[1]
• Parole ineligibility of 1/3 to 1/2 of the sentence[4]

Extended terms also apply to those with prior drug distribution convictions, allowing up to double the standard sentences[4].

In addition to criminal penalties, the state can pursue civil asset forfeiture to seize property and assets connected to the facility[5].

Defending CDS Facility Charges

Given the severe potential penalties, building an aggressive legal defense is critical. Some strategies criminal lawyers may use include:

• Challenging the “facility” element – Arguing the premises were not used sufficiently continuously or systematically to qualify as a “facility” under the law[3].
• Contesting intent and knowledge – Denying that the defendant knew about drug manufacturing at the location or had intent to participate.
• Suppressing evidence – Seeking to exclude evidence improperly obtained without a warrant or probable cause.
• Attacking chain of custody – Identifying lapses in handling and storage of drug evidence used to prove manufacturing.
• Cooperation and plea bargains – Providing information to prosecutors in exchange for lesser charges or sentencing leniency.
• Sentencing mitigation – Presenting mitigating factors like minimal criminal history to argue for lower sentences.

An experienced criminal lawyer will thoroughly investigate the facts and identify the best defenses to raise on a client’s behalf.

Avoiding CDS Facility Charges

The best way to avoid charges for maintaining a drug production facility is simply not to participate in illegal drug operations. But there are steps you can take to minimize risk if you suspect drug activity is occurring on your property:

• Conduct thorough background checks on any tenants, lessees or other occupants.
• In rental agreements, include clear prohibitions on using the property for illegal purposes.
• Perform routine inspections and maintenance on the property. Look for signs of unauthorized modifications or suspicious activity.
• If suspicious activity is discovered, contact law enforcement immediately to report it. Cooperate fully with any investigation.
• Consult a lawyer about options for evicting or restricting access by occupants misusing the property.

While not foolproof, being proactive and vigilant can help shield property owners from liability in some situations.

Finding the Right Lawyer

If you or a loved one are facing CDS facility charges, it’s critical to have an experienced criminal defense attorney on your side. Key credentials to look for include:

• Extensive knowledge of New Jersey drug laws and criminal procedure
• A track record of success challenging complex drug cases
• Relationships with local prosecutors and judges
• Resources to conduct in-depth investigations and hire experts if needed
• Skill at negotiating plea bargains and sentencing alternatives when appropriate
• An aggressive yet strategic approach to legal defense

Don’t take chances with your freedom and future. Consult with a seasoned CDS facility defense lawyer right away to start building the strongest case possible. With skilled legal advocacy, it may be possible to avoid or minimize the most serious penalties. The stakes are high, but the right lawyer can make all the difference.