New Jersey Section 2C:35-5.3a – Criminalization, degree of crime.
Contents
New Jersey Section 2C:35-5.3a – Criminalization, degree of crime
New Jersey has some pretty strict laws when it comes to synthetic drugs like synthetic marijuana. Section 2C:35-5.3a of the New Jersey code specifically talks about the criminal penalties for manufacturing, distributing, or possessing synthetic cannabinoids (synthetic marijuana). This law can really pack a punch if your charged under it. Let’s take a closer look at what it says and what it could mean for you or someone you care about.
Overview of the law
The law basically says its a crime to manufacture, distribute, dispense, or possess synthetic cannabinoids like synthetic marijuana. The law lists out specific chemical compounds that are illegal, including stuff like 4-MMC, MDPV, methylone, etc. (1). The ammount you have determines how serious the crime is:
- If you have less then 1 ounce, its a 3rd degree crime
- If you have 1 ounce or more, its a 2nd degree crime
The penalties get pretty steep (more on that next). So yea, this law comes down hard on synthetic weed (2).
Penalties
As mentioned, penalties vary based on how much synthetic marijuana you had:
Less than 1 Ounce
This is a 3rd degree crime. That means:
- Up to 5 years in prison
- Up to $15,000 in fines
So not light, but could be worse. Still tho, 5 years behind bars is no joke (3).
1 Ounce or More
Now were talking 2nd degree crime. The penalties go up:
- 5 to 10 years in prison
- Up to $150,000 in fines
So yea, pretty serious. Your looking at maybe a decade in prison if convicted (4). Not where you wanna be.
Defenses
If your facing charges under this law, there are some defenses that could help:
- Lack of knowledge – If you didn’t know the drugs were synthetic cannabinoids, you may be able to fight the charges. This law requires you to “knowingly” possess or distribute the synthetics.
- Illegal search – If the cops searched you illegally and found the drugs, a good lawyer could get that evidence thrown out. Any evidence from an illegal search cannot be used against you in court.
- Misidentification – Synthetic cannabinoids are often sold under misleading names like “herbal incense” or “potpourri”. You could argue you thought it was just harmless incense.
- Personal use – For possession charges, you may be able to argue the synthetic weed was just for personal use, not distribution. This can help get the charges reduced or even dropped.
The key is having an experienced criminal defense lawyer who knows how to argue these defenses persuasively in court (5). Don’t go it alone against these serious charges.
How this impacts real people
Lets look at some examples of how this law has effected real people:
Mark, age 19 – Mark was busted with some “herbal incense” he bought at a gas station. Turns out it was synthetic marijuana. Since he only had a few grams on him, he was charged with 3rd degree possession. Still, Mark had to spend 3 months in county jail waiting for his trial. In the end, his lawyer got him into a diversion program so he avoided prison. But Mark still struggles to find a job with this on his record.
Alicia, age 27 – Alicia got wrapped up in selling synthetic weed to supplement her income. When the cops caught her with over 50 packets ready for distribution, she got slammed with a 2nd degree charge. Alicia ended up serving 6 years in prison and it nearly ruined her life. She pled guilty on bad legal advice without realizing how serious the penalties could be.
Tyler and Sarah – This unfortunate couple bought some “herbal incense” online to try recreationally. They didn’t realize it contained illegal synthetic compounds. When the package arrived, police were waiting and busted them for attempted possession. Both Tyler and Sarah were charged with 3rd degree crimes. Sarah was able to get into a first-time offender program, but Tyler had a prior minor drug charge. He ended up getting 3 years probation and losing his job.
So as you can see, this law has negatively impacted alot of lives (6). The penalties are no joke and can be life changing. If your facing charges, get a lawyer immediately to protect your rights. Don’t take these synthetics lightly.
Final thoughts
New Jersey doesn’t mess around when it comes to synthetic marijuana and other synthetic drugs. Section 2C:35-5.3a lays out serious penalties for anyone caught manufacturing, distributing or possessing these substances. Much depends on the amount involved – less than one ounce can still mean years in prison. One ounce or more ratchets things up to an even more serious 2nd degree crime.
If your facing charges under this law, the best thing you can do is get a criminal defense lawyer right away. An experienced attorney may be able to get charges reduced or even dismissed. They can also help minimize penalties and avoid jail time in many cases. Don’t wait to act – call a lawyer today if synthetic cannabinoids have gotten you in legal trouble. A skilled defense could make all the difference in avoiding a conviction that will follow you for life. Be smart and protect yourself.
References
(1) New Jersey Statute 2C:35-5.3a
(2) Penalties for 2C:35-5.3a Violations
(3) Third Degree Crime Penalties
(4) Second Degree Crime Penalties