New Jersey Section 2C:35-1.2 – Reference to Code of Criminal Justice

New Jersey Section 2C:35-1.2 – Reference to Code of Criminal Justice

New Jersey Section 2C:35-1.2 is a statute that provides guidance on how to interpret references to the New Jersey Controlled Dangerous Substances Act in other laws, rules, and regulations. This statute was enacted as part of New Jersey’s Comprehensive Drug Reform Act of 1987.

Overview of Section 2C:35-1.2

The text of Section 2C:35-1.2 states:

Whenever in any law, rule or regulation, reference is made to the “New Jersey Controlled Dangerous Substances Act,” P.L.1970, c. 226 (C. 24:21-1 et seq.), the reference shall be deemed to be made to the provisions of chapters 35 and 36 of this title.

In plain English, this means that if another New Jersey law, rule, or regulation refers to the “New Jersey Controlled Dangerous Substances Act,” that reference should be interpreted as referring to Chapters 35 and 36 of Title 2C (The New Jersey Code of Criminal Justice).

The New Jersey Controlled Dangerous Substances Act was the state’s main drug law from 1970 until it was repealed and replaced by the Comprehensive Drug Reform Act of 1987. However, many other laws, rules, and regulations were written over the years that referenced the old Act. Section 2C:35-1.2 provides guidance that these references should now be considered to refer to the current drug laws in Title 2C.

Purpose of Section 2C:35-1.2

The purpose of Section 2C:35-1.2 is simply to avoid confusion by clarifying how to interpret references to the old drug law in other legal texts. Without this provision, there could be questions about whether an old reference was still valid and what it referred to under the new legal framework.

For example, suppose a regulation adopted in 1980 said that a certain license could be revoked for violations of the New Jersey Controlled Dangerous Substances Act. Section 2C:35-1.2 makes clear this old reference should be read as referring to violations of the current drug laws in Title 2C, Chapters 35 and 36.

Relationship to Other Provisions

Section 2C:35-1.2 works together with other transitional provisions enacted as part of the Comprehensive Drug Reform Act of 1987. For instance, Section 2C:35-23 states that prosecutions initiated under the old Act should generally proceed under the new legal provisions instead.

Section 2C:35-1.2 deals specifically with references in other laws, while Section 2C:35-23 addresses the handling of pending criminal cases. Read together, these provisions provide a framework for the transition from the old drug laws to the new ones.

Implications and Analysis

The enactment of Section 2C:35-1.2 avoided the need to amend every law, rule, and regulation referencing the old drug act in order to update the references. This provision provides clarity and continuity in the interpretation of legal texts.

Without Section 2C:35-1.2, there may have been arguments about whether old references were still valid or not. Prosecutors could potentially have claimed that charges were still authorized under old regulations referencing the repealed law. Defendants could have claimed the references were invalid.

By clearly stating these references now apply to the current drug laws, Section 2C:35-1.2 avoids this potential confusion. It reflects the legislature’s intent to incorporate references to the old law as part of the transition to the new legal scheme.

Examples of Application

Section 2C:35-1.2 allows for consistent interpretation of references to the old drug law in diverse contexts. For instance:

• Many municipal ordinances prohibit violations of the New Jersey Controlled Dangerous Substances Act. Section 2C:35-1.2 clarifies these still ban violations of current state drug laws.
• The public housing eviction law allows eviction for violations of the old Act. Section 2C:35-1.2 means eviction is allowed for violations of Chapters 35 and 36.
• Parole conditions prohibiting violations of the old Act apply to current drug crimes per Section 2C:35-1.2.

So in many areas where the old drug law was referenced, those references are given continuing effect under the new legal framework thanks to Section 2C:35-1.2.

Defenses Under Section 2C:35-1.2

While Section 2C:35-1.2 clarifies the interpretation of old statutory references, defendants can still argue certain defenses:

• If an old regulation authorizing license revocation for drug violations is challenged, a defendant could argue it has been implicitly repealed by conflicting provisions of the new drug laws.
• A defendant could claim selective prosecution if they are charged with a crime under an outdated municipal ordinance that duplicates state law.
• Procedural protections in the new laws may apply to old references, like the requirement of a speedy trial.

So Section 2C:35-1.2 does not resolve all issues with outdated references to the old Act. But it provides a basic framework for interpreting these references consistently. Defendants retain their ability to raise substantive and procedural defenses.

Conclusion

Section 2C:35-1.2 serves the important purpose of clarifying how references to the old New Jersey Controlled Dangerous Substances Act should be interpreted under the current legal framework. This prevents confusion and arguments over whether old references are still valid. By providing guidance on interpreting these old references, Section 2C:35-1.2 promotes continuity and stability in the law. It is an important part of the statutory scheme enacting New Jersey’s Comprehensive Drug Reform Act of 1987