New Jersey Section 2C:35-28 – Unlawful possession of precursors; manufacturing methamphetamine; crime of second degree.
Unlawful Possession of Meth Precursors: What You Need to KnowMethamphetamine – or meth – is a highly addictive and dangerous drug that can wreak havoc on individuals and communities. In an effort to combat meth production and use, many states have enacted laws restricting access to precursor chemicals used to manufacture the drug. One such law is Section 2C:35-28 in New Jersey, which makes it illegal to possess certain chemicals with intent to produce meth.This law can carry stiff penalties – including jail time – for those found in violation. But what exactly does it prohibit, and how can you avoid running afoul of it?
This article will break down the key provisions of Section 2C:35-28 so you understand what’s unlawful and how to steer clear of charges.
What Chemicals Are Restricted? Section 2C:35-28 specifically restricts possession of two main precursor chemicals: ephedrine and pseudoephedrine. These common decongestants are found in many over-the-counter cold medicines and can be chemically converted into methamphetamine.Under the law, it’s illegal to possess these chemicals in amounts greater than:
- 9 grams of ephedrine
- 9 grams of pseudoephedrine
- 7.5 grams of phenylpropanolamine
It’s also illegal to possess any amount of these chemicals with intent to use them to manufacture meth. Simply having cold medicine that contains pseudoephedrine or ephedrine in your home medicine cabinet is not enough to violate the law. Prosecutors would need to prove you intended to use the chemicals to produce meth.But if you purchase large quantities of medications containing these ingredients – especially in combination with other meth “precursors” – it could raise suspicions and lead to criminal charges.
Penalties for Violating Section 2C:35-28
If you’re found guilty of knowingly violating Section 2C:35-28, you’ll face criminal penalties. For a first offense, it’s a third-degree crime punishable by 3-5 years in prison and fines up to $35,000.Subsequent offenses are more severe – second violations are second-degree crimes with 5-10 year prison terms, while third and subsequent offenses are first-degree crimes with 10-20 year sentences.The penalties get even harsher if you possess the chemicals near a school, park, bus stop, apartment complex, or other public area. In that case, a first offense becomes a second-degree crime, a second offense becomes a first-degree crime, and so forth.
Defenses to Unlawful Possession Charges
If you’re accused of violating Section 2C:35-28, there may be defenses that could get the charges reduced or dismissed. Here are some potential defenses to explore with your criminal defense lawyer:
- Lack of intent – If you legitimately possessed cold medicine for personal use and not to make meth, you can argue you lacked unlawful intent. The burden is on prosecutors to prove intent beyond reasonable doubt.
- Invalid search – If police improperly searched your home or vehicle without probable cause and discovered precursors, the evidence could be suppressed and the case dismissed.
- False accusations – Someone may have falsely accused you of possessing meth precursors out of malice or mistake. Your lawyer can probe the credibility of the allegations.
- Entrapment – Undercover officers pressuring you into purchasing precursors could be entrapment, making charges invalid.
An experienced criminal defense attorney can evaluate the specifics of your case and decide which defenses to pursue. Don’t hesitate to retain counsel if you’re under investigation or facing charges.
Avoiding Trouble with Section 2C:35-28
The best way to avoid running afoul of Section 2C:35-28 is to steer completely clear of methamphetamine. Don’t purchase excessive amounts of cold medicine containing ephedrine or pseudoephedrine, don’t associate with known meth producers, and certainly don’t attempt to manufacture the illegal drug yourself.If you’re struggling with meth addiction, get help before it leads you down a dangerous criminal path. There are many excellent drug treatment programs that can help you achieve sobriety. Your health and future depend on it.Section 2C:35-28 is designed to crack down on meth production by restricting access to key ingredients. While tough penalties exist for violations, there are also defenses available with the help of an experienced lawyer. If you’re ever wrongly accused, don’t hesitate to exercise your rights. With smart choices, you can avoid unlawful possession charges altogether.