New Jersey Section 2C:35-29 – Definitions relative to industrial use of certain chemicals; not deemed a CDS, certain; inferences.
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New Jersey Law Provides Exemptions for Industrial Use of Certain Chemicals
New Jersey has a law, Section 2C:35-29, that provides exemptions for the industrial use of certain chemicals that would otherwise be considered controlled dangerous substances (CDS). This law aims to avoid criminalizing legitimate industrial uses of chemicals while still restricting the use of these substances for illegal purposes.
Background on Controlled Substances
New Jersey, like other states, has laws prohibiting the unauthorized manufacture, distribution, dispensing and possession of substances classified as CDS. This includes drugs like heroin, cocaine, methamphetamine and prescription medications with a potential for abuse. The intent of CDS laws is to curb drug abuse and addiction by tightly controlling access to these substances.
However, some chemicals used illegally as drugs also have legitimate industrial applications. For instance, red phosphorus is used to illicitly manufacture methamphetamine but it also has uses in pesticides and incendiary devices. Without exemptions, blanket bans on CDS could inadvertently criminalize lawful industries that rely on these chemicals.
Exemptions for Legitimate Industrial Uses
To avoid this, Section 2C:35-29 specifically exempts certain chemicals from being classified as CDS when used for industrial purposes. This prevents criminal prosecution for possession, distribution or use of these substances when done lawfully.
The law also exempts chemicals that have both illicit drug uses and legitimate industrial uses. Substances like red phosphorus or iodine are used in manufacturing but are also precursors for meth and other illegal drugs. Under Section 2C:35-29, companies can legally obtain these chemicals for industrial uses like manufacturing fertilizers, flares or pharmaceuticals.
Protections for Lawful Use
The law specifies that exempt chemical substances cannot be considered CDS provided they are possessed or distributed:
- In a manner authorized by state and federal law
- As part of lawful industrial or manufacturing purposes
- Without intent to use them for producing, preparing or synthesizing illegal drugs
So companies that obtain these chemicals legitimately, follow proper licensing and regulations, and don’t use them for illegal ends are protected.
However, someone trying to obtain the same chemicals without proper licensing or with intent to manufacture drugs would still be subject to criminal charges. So the law does not provide a loophole for illegal use of these substances.
Burden of Proof
Because some of these chemicals have dual uses, Section 2C:35-29 also discusses the burden of proof. It states that possession of exempt chemicals alone does not prove intent to use them illegally.
However, in cases where illegal use is proven, possession of larger-than-normal quantities of an exempt substance can be used as corroborating evidence of intent. But quantity alone is not enough to prove a crime without other evidence.
Implications
Section 2C:35-29 provides important protections for legitimate companies that rely on chemicals also used in drug manufacturing. Without these exemptions, lawful industries could face criminal charges simply for possessing necessary compounds and ingredients. This would severely hamper sectors like agriculture, pharmaceuticals, and manufacturing.