New Jersey Drug Laws: An Overview of Section 2C:35-10.3a

New Jersey has strict drug laws that criminalize the possession and distribution of illegal substances. One key statute is Section 2C:35-10.3a, which deals specifically with the criminalization and penalties for possession of flunitrazepam, commonly known as Rohypnol or “roofies.”

What is Flunitrazepam?

Flunitrazepam is a powerful sedative in the class of drugs known as benzodiazepines. It is not approved for medical use in the United States, although it is prescribed in other countries as a short-term treatment for severe insomnia and other sleep disorders. On the street, flunitrazepam is illicitly used to facilitate sexual assault crimes. Due to this, it has earned the nickname “date rape drug”[1].

When taken recreationally, flunitrazepam produces a hypnotic effect, inducing sedation and amnesia. Victims given the drug surreptitiously are often left with little to no memory of events that occurred while under its influence[2].

Section 2C:35-10.3a – Criminalization and Penalties

Under Section 2C:35-10.3a of New Jersey criminal statute, it is illegal for any person to knowingly or purposefully obtain or possess flunitrazepam[3]. The statute categorizes violations into varying degrees of crime:

• Possession of 1 pill or less of flunitrazepam is a disorderly persons offense. This is the lowest drug offense in New Jersey, punishable by up to 6 months in jail and a fine of up to $1,000[4].
• Possession of more than 1 pill but less than 5 pills of flunitrazepam is a crime of the fourth degree. Fourth degree crimes carry a potential sentence of up to 18 months in prison and a fine of up to $10,000[4].
• Possession of 5 or more pills but less than 100 pills is a third degree crime. This is punishable by 3-5 years in prison and a fine of up to $15,000[4].
• Possession of 100 or more pills of flunitrazepam is a second degree crime, the second most serious drug offense in New Jersey. It carries a sentence of 5-10 years in prison and a fine of up to $150,000[4].

The number of pills possessed determines the criminal degree and penalties. The more pills involved, the more severe the punishment.

Defenses to Flunitrazepam Charges

There are several legal defenses that can potentially beat flunitrazepam possession charges under 2C:35-10.3a[5]:

• Lack of possession: The drugs did not actually belong to you. For example, if they were found in a car or house that you share with others.
• Lack of knowledge: You did not know the pills you possessed were flunitrazepam. You believed them to be another legal substance.
• Medical prescription: You had a valid prescription for the medication from a doctor.
• Entrapment: You were illegally induced by police to obtain or possess the drug.

An experienced New Jersey criminal defense lawyer can evaluate the details of your case and build the strongest defense strategy.

Penalties for Distribution

While Section 2C:35-10.3a deals with possession, distributing flunitrazepam is criminalized under 2C:35-5.3. Selling any amount of the drug is a second degree crime punishable by 5-10 years in prison and fines up to $150,000[3].

Harsher punishments apply if the sale occurs within 1,000 feet of a school zone. This enhances the crime to a first degree offense with a sentence of 10-20 years.

Rehabilitation Options

For first-time offenders charged with low-level possession, New Jersey’s Pretrial Intervention Program (PTI) is a potential alternative to avoid a criminal record. PTI involves a probationary period plus completion of drug counseling or rehabilitation. If completed successfully, charges are dismissed.

Drug Court is another rehab-focused program open to those with substance abuse issues. Participants undergo mandatory treatment, frequent drug testing, and court monitoring. Graduates can also earn a dismissal of charges.

An experienced criminal defense attorney can advise whether these programs are appropriate options in your specific flunitrazepam case.

Changes to Marijuana Laws

While New Jersey maintains strict laws against hard drugs like flunitrazepam, the state has recently relaxed its laws on marijuana. As of February 22, 2021, possession of up to 6 ounces of cannabis was legalized for those 21 and over. A regulated recreational sales market is also now authorized in the state.

However, marijuana is still illegal at the federal level. And limits on public use plus restrictions on growing and sales remain in effect at the state level. So legal advice remains crucial when facing any marijuana-related charges.

Bottom Line

Section 2C:35-10.3a lays out serious criminal penalties for possessing flunitrazepam in New Jersey. But an experienced drug crimes lawyer can thoroughly examine the details of your case and build the strongest defense to avoid conviction. In appropriate cases, they may also be able to negotiate for rehabilitation programs like Drug Court or PTI as an alternative to incarceration. If you are facing charges involving roofies or any other drug, don’t hesitate to seek legal representation.