Maintaining a Controlled Dangerous Substance Production Facility

Maintaining a Controlled Dangerous Substance Production Facility: What You Need to Know

What Constitutes a CDS Production Facility?

New Jersey statute 2C:35-4 makes it illegal to knowingly maintain or operate any premises, place or facility used for manufacturing CDS substances such as methamphetamine, heroin, cocaine, MDMA, LSD, marijuana, and other illegal drugs. The facility can be a commercial building, apartment, house, trailer, vehicle or any other premises used for drug production.

Simply owning or leasing a property where drugs are manufactured is not enough to warrant charges. The state must prove the defendant knowingly maintained the facility for the specific purpose of drug manufacturing.

Evidence of knowledge includes utilities registered in the defendant’s name, mail delivered to the facility address, keys to access the property, etc.

What Constitutes “Maintaining” a Drug Facility?

In State v. Kitrell, the NJ Supreme Court ruled that maintenance refers to efforts aimed at keeping or preserving an existing drug manufacturing operation. This includes activities like:

• Paying rent, utilities or other expenses to keep the facility operating.
• Providing equipment, precursor chemicals or materials used in the manufacturing process.
• Directly participating in the production, packaging or distribution of the CDS.
• Securing the facility through locks, alarm systems or other measures.
• Supervising or managing other individuals involved in the drug operations.

Simply being present at a drug facility or having knowledge of its existence is not enough to prove maintenance. The state must show intent and affirmative steps to perpetuate the manufacturing activities.

Defenses Against CDS Facility Charges

Several legal defenses may apply in contesting CDS facility charges:

• No knowledge – The defendant was unaware drugs were being produced at the location.
• No control – The defendant did not own, rent or have authority over the property where manufacturing occurred.
• No maintenance – The defendant did not pay for utilities, provide equipment, participate in production, etc. as required by the statute.
• Coercion – The defendant was forced against their will to be involved with the drug operations.
• Entrapment – Law enforcement induced the defendant to commit a crime they were not otherwise predisposed to commit.

An experienced criminal defense attorney can evaluate the evidence and determine if any of these defenses might apply.

Penalties for Maintaining a CDS Production Facility

Maintaining a CDS production facility is a first degree crime punishable by 10-20 years in state prison and fines up to $200,000. Defendants face even stiffer penalties if:

• The facility produced 5 ounces or more of a substance like heroin, cocaine or methamphetamine. This enhances the crime to a mandatory extended term of up to life in prison.
• Minors were employed or used to further the drug operations. This results in an additional 3-5 years imprisonment.
• The facility was maintained within 500 feet of a public park, housing complex, school zone or other public areas. This also boosts the sentence substantially.

Given the severe penalties, anyone charged with operating a CDS production facility should retain an experienced criminal defense lawyer immediately.

Legal Implications and Consequences

A conviction for maintaining a drug manufacturing facility subjects the defendant to a host of additional legal consequences beyond incarceration, including:

• Felony record – The offense is a first degree felony, resulting in a permanent criminal record. This can negatively impact employment, housing, credit, and other opportunities.
• Driver’s license suspension – The court will suspend a defendant’s driver’s license for up to 2 years.
• Probation – Defendants often face lengthy probationary periods up to 5 years following incarceration. This involves strict conditions and monitoring.
• Fines and fees – Significant fines up to $150,000, lab fees, court costs, and other financial obligations may be imposed. These amounts can be difficult or impossible to pay off for most defendants.
• Forfeiture – Assets connected with the criminal activity such as vehicles, cash, bank accounts and property may be seized and forfeited.
• Eviction – Public housing residents charged with a CDS facility offense will likely face eviction proceedings.
• Deportation – Non-citizen residents charged with an aggravated felony face removal proceedings and deportation.

Conclusion

Maintaining a CDS production facility is a very serious first degree felony in New Jersey, carrying up to life imprisonment for certain offenders. The state must prove knowing maintenance of a premises used for manufacturing illegal drugs. Defendants have several potential defenses to contest the charges. If convicted, they face years in prison along with severe collateral consequences impacting their future. Anyone charged with this offense needs experienced legal counsel to mitigate the penalties and build their defense. With an in-depth understanding of the relevant laws and a vigorous defense strategy, some positive resolutions may still be within reach.