N.J.S.A. 2C:35-7. Distribution or Possession of Controlled Dangerous Substances in a School Zone
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N.J.S.A. 2C:35-7. Distribution or Possession of Controlled Dangerous Substances in a School Zone
N.J.S.A. 2C:35-7 is a New Jersey statute that makes it illegal to distribute, dispense, or possess controlled dangerous substances on or within 1,000 feet of any school property. This law was enacted to provide enhanced penalties for drug offenses occurring near schools in order to deter drug activity around areas where children congregate.
Overview of the Law
The law states that any person who violates subsection a. of N.J.S.A. 2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall, except as provided in N.J.S.A. 2C:35-12, be sentenced by the court to a term of imprisonment.
This means that someone who distributes, dispenses, or possesses with intent to distribute drugs on or within 1,000 feet of school grounds will face third degree criminal charges. Third degree crimes in New Jersey carry a potential prison sentence of 3-5 years.
Some key points about N.J.S.A. 2C:35-7:
It applies to the distribution, dispensing, or possession with intent to distribute any controlled dangerous substance or analog on or within 1,000 feet of school property. This includes illegal drugs like cocaine, heroin, methamphetamine, MDMA, prescription medications, and more.
The 1,000 foot boundary is measured from the outermost boundary of the school property. So even if someone is not directly on school grounds, they can still be charged if they are within 1,000 feet of the school’s property line.
The law applies 24/7, not just during school hours. The enhanced penalties apply any time of day or night if the offense occurs within a school zone.
The law applies to all school property, including both public and private schools, elementary schools, middle schools, high schools, colleges, universities, vocational schools, and more. Any institution that educates children under the age of 18 is covered.
The law even applies to school buses, whether children are present or not. Distributing drugs on an empty school bus can still lead to charges under this statute.
Penalties and Sentencing
As mentioned above, violating N.J.S.A. 2C:35-7 is a third degree crime, punishable by 3-5 years in prison and fines up to $35,000. However, the penalties can be even more severe based on the amount of drugs involved:
Possession with intent to distribute less than 1 ounce of marijuana or 5 grams of hashish is a crime of the fourth degree, with up to 18 months in prison.
Possession with intent to distribute 1 ounce to 5 pounds of marijuana, or 5 grams to 1 pound of hashish is a crime of the third degree.
Possession with intent to distribute 5-25 pounds of marijuana or 1-5 pounds of hashish is a second degree crime, with 5-10 years in prison.
Possession with intent to distribute 25 pounds or more of marijuana or 5 pounds or more of hashish is a first degree crime, with 10-20 years in prison.
For other controlled dangerous substances like cocaine, heroin, methamphetamine, etc., the weight thresholds are much lower:
Possession with intent to distribute less than 1/2 ounce is a third degree crime.
Possession with intent to distribute 1/2 ounce – 5 ounces is a second degree crime.
Possession with intent to distribute 5 ounces or more is a first degree crime.
Judges have discretion in sentencing within the statutory ranges. The New Jersey code of criminal justice requires judges to consider factors like the circumstances of the crime, deterrence, and rehabilitation when determining an appropriate sentence. Defendants may be eligible for probation and participation in the state’s Drug Court program instead of incarceration. Prosecutors can also offer plea bargains to lesser charges.
Defenses
There are some potential defenses that can be used to fight charges under N.J.S.A. 2C:35-7:
You were not within 1,000 feet of school property – If there is any dispute about the proximity to school grounds, the defense can challenge the measurements and argue the defendant was outside the 1,000 foot boundary.
The drugs were for personal use, not distribution – Simple possession charges have lesser penalties than possession with intent to distribute. The defense may claim the quantity was consistent with personal use.
Wrongful or questionable search – If the police did not have proper reasonable suspicion for a search, any evidence found may be suppressed.
Misidentified substance – The drugs may have been misidentified or the testing process was flawed. Without proof it was a controlled substance, drug charges cannot stand.
Entrapment – Undercover cops pressuring someone into committing a crime they otherwise wouldn’t have.
Duress – Forced to commit the crime under threat of harm.
Necessity – Committed the offense out of necessity to prevent greater harm.
Mistake of fact – Reasonably relied on incorrect information that negated intent.
An experienced criminal defense attorney can evaluate the details of the case and determine if any defenses apply.
Policy Implications and Criticisms
While N.J.S.A. 2C:35-7 aims to create heightened penalties to deter drug activity around schools, some argue the law has unintended consequences:
- School zones encompass large areas of urban neighborhoods, subjecting residents living nearby to harsher penalties not intended just for dealers preying on schoolchildren.
- Disproportionately impacts minorities, as urban schools are more likely to serve minority students.
- Does not require school to be in session or children to be present for enhanced penalties to apply.
- May incentivize dealers to recruit children for distribution to avoid school zone penalties.
- Penalties are imposed based on proximity to a school, not actual evidence drugs are being sold to students or on school grounds.
- Drug-free school zone boundaries are complex and not always well known to residents.
- Some argue penalties should focus on rehabilitation rather than lengthy incarceration.
Critics say the broad scope of school zone laws unfairly and disproportionately penalizes urban residents. Some advocate for reforming the laws to target dealers preying on students rather than broadly enhancing penalties in neighborhoods near schools. Others argue for increased rehabilitation and addiction treatment resources rather than incarceration for drug offenses.
Proponents argue the enhanced penalties send a strong message and help deter drug activity near places with a high concentration of children. Supporters say the school zone boundaries are necessary to give police flexibility to arrest dealers even if transactions don’t occur directly on school grounds. They believe the potential penalties help prevent youth drug use by disincentivizing dealing near schools.
Conclusion
N.J.S.A. 2C:35-7 provides strict penalties for the distribution, dispensing, or possession with intent to distribute controlled dangerous substances on or near school property in New Jersey. The law is intended to deter drug activity in areas frequented by children. However, some argue it unfairly impacts urban residents and should be reformed to focus on dealers directly preying on students. Defense attorneys can challenge the charges by contesting the proximity evidence, claiming personal use instead of distribution intent, or raising procedural and constitutional issues. The debate continues around finding the right balance between strict penalties to protect youth and fair treatment of offenders who may live near schools in dense urban neighborhoods.
Citations
N.J.S.A. 2C:35-7 | Justia Law
New Jersey Controlled Dangerous Substances
New Jersey “Drug Free School Zone” Laws | N.J.S.A. 2C:35-7 | Shouse Law
NJ marijuana legalization: School zone laws may end
Op-Ed: Time to Reform Counterproductive Drug-Free School Zone Laws in NJ