New Jersey Section 2C:35-2 – Definitions.

New Jersey Section 2C:35-2 – Definitions

New Jersey’s drug laws can be pretty complicated, especially when it comes to all the legal definitions and terminology. Section 2C:35-2 of the New Jersey Code of Criminal Justice lays out a whole bunch of key definitions that lawyers need to understand when dealing with drug cases in the state.

Let’s break down some of the most important definitions from 2C:35-2 and what they mean in plain English:

Administer

The law defines “administer” as the direct application of a controlled dangerous substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (1) a practitioner (or, in his presence, by his lawfully authorized agent), or (2) the patient or research subject at the lawful direction and in the presence of the practitioner.

Basically, administering a drug means giving it directly to someone, like injecting, prescribing, or handing them drugs to ingest. The key thing is that a doctor, nurse, or other licensed practitioner has to be the one administering it.

Controlled Dangerous Substance

This means any substance that is listed in Schedules I through V of the the Controlled Substances Act (§§ 812, 811). This includes things like heroin, cocaine, methamphetamine, marijuana, certain prescription painkillers,, etc.

New Jersey divides controlled substances into 5 different Schedules based on their potential for abuse and accepted medical use. Schedule I drugs have the highest potential for abuse and no accepted medical use, while Schedule V drugs have the lowest potential for abuse.

Deliver

“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled dangerous substance.

This basically means the physical exchange of drugs from one person to another, whether completed or just attempted. It covers things like drug deals, hand-to-hand sales, mailing drugs, etc.

Dispense

To “dispense” means to deliver a controlled dangerous substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery.

This basically refers to a doctor, pharmacist, or other licensed person preparing and providing prescription drugs to someone. Dispensing requires a valid prescription.

Distribute

“Distribute” means to deliver other than by administering or dispensing a controlled dangerous substance.

So this covers any transfer of drugs that doesn’t involve administering it to someone or dispensing it with a prescription. It includes things like selling, giving away, or transporting drugs.

Manufacture

Manufacturing means the production, preparation, propagation, compounding, conversion, or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural origin.

This covers making, growing, or processing drugs like meth, cocaine, marijuana, etc. Things like operating a meth lab, growing marijuana plants, or extracting opioids from poppy plants would be considered manufacturing.

Marijuana

Marijuana is defined as all parts of the plant Genus Cannabis L., whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. It does not include cannabis resin or “hashish”, or the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

So marijuana refers to the actual cannabis plant and products derived directly from it, with some exceptions. Hashish (cannabis resin) is considered a separate controlled substance under New Jersey law.

Narcotic Drug

This means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(a) Opium, coca leaves, and opiates.

(b) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates.

(c) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subsections (a) and (b), except that the words “narcotic drug” as used in this act shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.

So narcotic drugs include opium, heroin, morphine, prescription painkillers derived from opium, cocaine, and similar substances.

Opiate

Opiate means any dangerous substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section 3 of P.L.1970, c.226 (C.24:21-3), the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

In other words, opiates refer to drugs derived from or related to opium that can cause addiction or dependence, like morphine, heroin, oxycodone, etc. But it doesn’t include dextromethorphan (found in some cough syrups).

Practitioner

A practitioner means a physician, dentist, veterinarian, scientific investigator, laboratory, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance in the course of professional practice or research in this State.

So doctors, pharmacists, vets, scientists, etc. who are licensed and allowed to work with controlled substances as part of their job.

Physician

Physician means a physician authorized by law to practice medicine in this or any other state and any other person authorized by law to treat sick and injured human beings in this or any other state.

So any licensed medical doctor or other person legally authorized to provide healthcare and treat patients.

Prescription

Prescription means an order for drugs or controlled substances written by a duly licensed physician, dentist, veterinarian, or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals.

It refers to an order from a licensed medical professional allowing someone to obtain controlled substances.

Produce

“Produce” means to manufacture, plant, grow, or harvest a controlled dangerous substance.

So this covers things like growing marijuana plants, harvesting poppies to produce opium, operating a meth lab, etc. Basically manufacturing drugs but also specifically including growing or harvesting plants.

Ultimate User

Ultimate user means a person who lawfully possesses a controlled dangerous substance for his own use or for the use of a member of his household or for administration to an animal owned by him or by a member of his household.

This refers to someone who legally obtains and uses a controlled substance for legitimate medical reasons, either for themselves or someone/something in their household. Not someone who illegally obtains drugs for recreational use.

So in summary, New Jersey law contains a whole dictionary’s worth of key definitions related to controlled substances and their use, possession, distribution, etc. Lawyers need to understand exactly what these terms mean when applying the law and arguing cases. The definitions draw fine lines between things like administering vs. dispensing drugs, distribution vs. manufacture, prescription vs. illegal possession, and so on. Knowing the precise legal meanings of the terminology is crucial.

References

New Jersey Permanent Statutes. Title 2C, The New Jersey Code of Criminal Justice. 2C:35-2 Definitions. https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-35-2

United States Code. Title 21 – Food and Drugs. Chapter 13 – Drug Abuse Prevention and Control. Subchapter I – Control and Enforcement. Part B – Authority To Control; Standards and Schedules. Section 812 – Schedules of controlled substances. https://www.law.cornell.edu/uscode/text/21/812

New Jersey Courts. Drug Charges in New Jersey. https://www.njcourts.gov/forms/11001_drug_charges.pdf