N.J.S.A. 2C:35-7.1. Sell or Distribute in Public Park or Housing Project

Selling or Distributing Drugs in Public Parks or Housing Projects: What You Need to Know

Getting caught selling or distributing drugs in a public park or housing project in New Jersey can lead to some pretty serious criminal charges. But what exactly does the law say about these types of drug crimes, and what are the potential penalties? This article will break it down for you in simple terms.

The main law

The main law dealing with drug sales in public parks and housing projects is N.J.S.A. 2C:35-7.1. Essentially, it makes it a third-degree crime to distribute, dispense, or possess with intent to distribute a controlled dangerous substance while on any property used for public parks or housing projects, or within 1000 feet of the boundaries of the park or project.

Penalties

A third-degree crime is considered pretty serious in New Jersey. It can carry a potential prison sentence of between 3-5 years. Fines can also be imposed of up to $35,000. So we’re talking about some hefty potential penalties here if you’re caught and convicted.

What counts as a public park or housing project?

The law defines “public park” pretty broadly. It includes not just traditional parks, but also recreation areas, playgrounds, swimming pools, ballfields, beaches, and more. Basically any outdoor area used for recreation that is owned and maintained by the state, a county, or a municipality.

“Housing projects” refer specifically to low-income housing developments that are owned and managed by a public housing authority. This includes things like city housing projects, Section 8 developments, and apartment complexes for seniors and disabled residents.

So the law covers a wide range of public areas where families and children commonly gather. The goal is clearly to create “drug-free zones” around these locations and shield vulnerable populations from drug activity.

What substances does the law prohibit?

The law prohibits distributing or possessing with intent any “controlled dangerous substance” in these protected areas. This includes illegal drugs like heroin, cocaine, methamphetamine, LSD, and marijuana. It also includes illegally obtained prescription medications like painkillers, sedatives, and stimulants.

Basically any substance listed in Schedules I-V of New Jersey’s Controlled Substances Act is prohibited. This covers the full range of illegal and prescription drugs with potential for abuse. The only exception is tobacco and alcohol products, since those aren’t classified as CDS.

What are potential defenses?

There are a few potential defenses that a skilled criminal defense attorney may be able to raise if you’re charged under this statute:

• You didn’t actually possess or distribute drugs. If the drugs belonged to someone else or the police didn’t really find any drugs, this could be a strong defense.
• You weren’t within 1,000 feet of a park or housing project. If you were just outside the 1,000 foot boundary, the law may not apply. This will depend on measurements.
• The drugs were for personal use, not distribution. Simply possessing drugs for your own use rather than selling/distributing may not violate this law.
• You had a valid prescription for the medication. Possessing properly prescribed medications for legitimate medical needs is not illegal.
• Illegal search and seizure. If the police didn’t have proper probable cause for the search or arrest, any evidence found may be excluded.

As you can see, there are scenarios where skilled criminal defense lawyers have been able to get charges reduced or dismissed under this statute. Don’t assume that just because you were arrested, you will necessarily be convicted.

What are the pros and cons of this law?

Like most criminal laws, there are good-faith arguments on both sides of N.J.S.A. 2C:35-7.1:

Potential Pros:

• Helps protect children and families from drug activity in areas they frequent
• May reduce overall drug trade in public spaces and vulnerable communities
• Sends a message that drugs won’t be tolerated near parks and housing projects

Potential Cons:

• Disproportionately impacts poor and minority communities located near housing projects
• Could deter residents from utilizing parks, recreation facilities, etc.
• Potentially subjects even minor drug offenders to stiff penalties
• Doesn’t address root causes of drug abuse and distribution
• Civil liberties concerns about broad restrictions on public space

As with most public policy issues, there are reasonable points on both sides of the debate regarding this statute. It’s easy to see both the public safety benefits and the social justice concerns.

The bottom line

At the end of the day, N.J.S.A. 2C:35-7.1 is aimed at deterring the distribution and possession of drugs in areas where families and youth congregate. If you are caught violating this law, you could face very serious criminal charges. Your best bet is to avoid any drug activities near public parks and housing projects altogether.

If you do find yourself facing charges under this statute, be sure to hire an experienced criminal defense lawyer to protect your rights. An attorney may be able to get charges reduced or dismissed if there are issues with the arrest, insufficient evidence, or other defenses that apply. Don’t take chances with your future and freedom. Get knowledgeable legal help right away.