New Jersey Section 2C:33-2.1 –

New Jersey Section 2C:33-2.1: Loitering or Wandering to Obtain or Distribute Controlled Dangerous Substances

What Does the Statute Prohibit?

The statute prohibits loitering or wandering in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance, or aiding another person to do so¹. A few key aspects of this prohibition:

• It applies to public places like streets, sidewalks, parks, etc. Private property is not covered.
• The purpose or intent must be to obtain or distribute CDS unlawfully. If that intent is not proven, the charge won’t stick.
• “Loitering or wandering” is not clearly defined but generally means remaining or moving aimlessly in an area.
• Merely being present in a high drug crime area is not enough – the specific unlawful purpose must be shown.
• Aiding another person in obtaining/distributing CDS is also prohibited.

Potential Defenses

Since intent is a key element, the main defenses center on refuting the alleged unlawful purpose². For example:

• You were simply passing through the area, not loitering.
• You had a legitimate reason for being there, like waiting for a bus or meeting a friend.
• The police misinterpreted your actions; you had no intent to buy or sell drugs.
• You did not actually aid anyone in obtaining or distributing CDS.
• The police lacked reasonable suspicion to stop and question you in the first place.

If the police did not have a lawful basis to detain you and investigate further, any evidence they obtained may be suppressed, which could lead to dismissal.

Penalties

A conviction under 2C:33-2.1 is a disorderly persons offense. Potential penalties include³:

• Up to 6 months in jail
• Fines up to $1,000
• Community service
• Probation

While it is not a felony-level offense, it still carries significant consequences. The criminal record alone can impact jobs, housing, reputation and immigration status. Those convicted may also be required to forfeit their driver’s license for up to two years⁴.

Immigration Consequences

Non-citizens should be especially cautious, as drug-related offenses can trigger immigration problems. While 2C:33-2.1 is not an automatic deportable offense, it could still have adverse consequences depending on the specific circumstances². Those charged under this statute should consult closely with an immigration attorney.

Racial Disparities

Critics argue that loitering laws are vague and give police too much discretion, leading to racial profiling and disproportionate enforcement against minorities⁵. Studies do show huge disparities in drug arrests, prosecutions and incarceration along racial lines. More public policy debate is needed around these issues.

Defending 2C:33-2.1 Charges

Facing criminal charges is stressful, but a knowledgeable New Jersey criminal defense attorney can help protect your rights. An attorney may be able to get charges reduced or dismissed through effective negotiation or suppression motions. If charges cannot be avoided entirely, the attorney can advocate for appropriate penalties and help mitigate immigration or other collateral consequences. Those charged with loitering in a drug zone should not go through it alone.