Blog
NJ N.J.S.A. 2C:35-5. Manufacture or Distribution of Controlled Dangerous Substances (“CDS”)
Contents
N.J.S.A. 2C:35-5 – Manufacture or Distribution of CDS
In New Jersey, manufacturing or distributing controlled dangerous substances (CDS) is illegal under N.J.S.A. 2C:35-5. This statute makes it a serious criminal offense to make, prepare, propagate, compound, convert, or process CDS, or to transport or bring them into the state. Let’s take a closer look at this law and what it means if you are charged.
Overview of N.J.S.A. 2C:35-5
Under this statute, it is a crime to:
- Manufacture CDS
- Distribute CDS
- Dispense CDS
- Possess CDS with intent to manufacture, distribute, or dispense
CDS includes illegal substances like heroin, cocaine, methamphetamine, LSD, and illicit prescription medications. Marijuana is also considered a CDS in New Jersey.
The law prohibits every step of the drug supply chain, from production through transportation and sales. Even possessing drug manufacturing equipment or materials can be prosecuted as “maintaining a drug production facility.”
Penalties for N.J.S.A. 2C:35-5 Violations
Manufacturing or distributing CDS charges are categorized by the type and quantity of drugs involved. This determines the degree of the crime and penalties faced:
- 3rd degree crime – 3-5 years in prison
- 2nd degree crime – 5-10 years in prison
- 1st degree crime – 10-20 years in prison
1st and 2nd degree charges have a presumption of incarceration, meaning jail time is mandatory. Fines up to $150,000 may also apply. Penalties are even stiffer if drugs were distributed near a school or park.
Defenses for N.J.S.A. 2C:35-5 Charges
Possible defenses to CDS distribution charges include:
- The drugs were for personal use, not distribution
- You were not aware the substances were in your possession
- The substances were improperly handled or tested
- You were entrapped by police
- Your rights were violated during the investigation or arrest
An experienced criminal defense attorney can evaluate the prosecution’s evidence and determine if any defenses apply in your case.
Other drug statutes you should know:
- N.J.S.A 2C:35-7.1 – Strict penalties for distributing CDS within 500 feet of public housing, parks, or buildings.
- N.J.S.A. 2C:35-4 – Up to $300,000 fine or 3x street value (whichever is greater) for operating a CDS production facility.
- N.J.S.A. 2C:35-6 – Leader of a narcotics trafficking network faces life imprisonment and fines over $750,000.
Get Legal Representation
Allegations of manufacturing or distributing controlled dangerous substances should be taken very seriously. N.J.S.A. 2C:35-5 imposes lengthy mandatory minimum prison sentences upon conviction.
Having an experienced criminal defense lawyer on your side can mean the difference between prison and preserving your freedom. Don’t leave the outcome to chance – get legal help immediately.
Frequently Asked Questions
What if I was just delivering drugs?
Transporting or delivering CDS is considered distribution under N.J.S.A. 2C:35-5. Couriers and drug runners face the same penalties as sellers and traffickers.
What are common CDS distribution defenses?
Common defenses include arguing you did not possess drugs, the substances were improperly tested, you were entrapped, or your rights were violated. An attorney can advise if any apply.
Can I go to drug court instead of prison?
Drug court may be an option for first-time offenders facing distribution charges. Completing the program results in charges being dismissed and avoids incarceration.
Can I expunge CDS convictions from my record?
Yes, CDS convictions can potentially be expunged after 10 years. The waiting period is only 5 years if you were under 21. Expungement erases the offenses from public records.
Should I accept a plea deal or go to trial?
Your attorney will help decide the best strategy after reviewing the evidence. Pleas often result in lesser penalties while trials risk longer sentences if convicted.
Don’t take chances with drug distribution charges. An experienced lawyer can protect your rights at every stage of the case. Contact a defense attorney immediately for help.
References
- N.J.S.A. 2C:35-5 – Manufacturing, Distributing or Dispensing CDS
- New Jersey Drug Distribution Charges
- Guide to NJ Drug Distribution and Intent to Distribute Laws
- NJ CDS Criminal Defense Attorney