New Jersey Section 2C:35-5 – Manufacturing, distributing or dispensing

New Jersey Law on Manufacturing, Distributing, or Dispensing Controlled Substances

New Jersey has strict laws prohibiting the manufacturing, distribution, and dispensing of controlled dangerous substances (CDS). Section 2C:35-5 of the New Jersey Code of Criminal Justice lays out the specific prohibitions and penalties for violating them. This law aims to curb the spread of illegal drugs like heroin, cocaine, methamphetamine, and prescription medications used improperly.

Key Provisions of the Law

Under 2C:35-5, it is illegal for any person to:

• Knowingly manufacture, distribute, dispense, or possess CDS with intent to manufacture, distribute or dispense, except as authorized by law. This includes synthetic drugs and analogs of controlled substances.
• Create, distribute, or possess counterfeit CDS with intent to distribute it.

The law categorizes violations based on the type and quantity of the drug involved. More serious violations involving drugs like heroin and cocaine are first or second degree crimes. Lower level drug offenses are third and fourth degree crimes.

Penalties range from 3-5 years in prison for third degree crimes up to 10-20 years for first degree crimes. Fines up to $300,000 may also be imposed. School zone drug offenses have enhanced penalties.

What Constitutes Distribution?

Distribution under 2C:35-5 includes any transfer of CDS from one person to another. This includes:

• Selling drugs for money or other compensation
• Giving or gifting drugs to another person
• Sharing drugs with friends
• Delivering drugs on behalf of someone else

The prosecution does not need to prove any exchange of money or goods to show distribution occurred. Simply transferring possession of CDS to another person meets the definition.

Possession with Intent to Distribute

Under 2C:35-5, possessing CDS with intent to distribute carries the same penalties as actual distribution. Prosecutors will look at the quantity and packaging of drugs to infer intent to distribute. Factors suggesting intent include:

• Possessing more than personal use amounts
• Dividing drugs into separate baggies or containers
• Having scales, baggies, or other distribution paraphernalia
• Prior arrests or convictions for distribution
• Witness statements about drug sales

Since penalties increase with drug weight, prosecutors will aggressively pursue possession with intent charges for larger amounts. Defendants face an uphill battle fighting these charges.

Defenses to Drug Distribution Charges

Several legal defenses may apply in contesting drug distribution or possession with intent charges:

Lack of Intent – The defendant can argue they never intended to distribute drugs. If drugs were for personal use only, there is no intent. However, defendants must explain large quantities of individually packaged drugs.

No Knowledge – The defendant can claim no knowledge of the drugs or intent to distribute them. This works best when drugs are found in a common area, not on the defendant’s person.

Entrapment – Undercover officers induced the defendant to commit a crime they otherwise would not have. Merely affording the defendant an opportunity to commit the crime is not entrapment.

Illegal Search – Evidence of drugs was obtained through an unconstitutional search, making it inadmissible in court. However, voluntary confessions may still be admissible.

Misidentification – The defendant argues they were mistakenly identified and did not actually commit the crime. Identity must be proven beyond a reasonable doubt.

False Testimony – Witnesses implicating the defendant lied or gave inaccurate testimony. Their credibility can be challenged.

Sentencing Mitigation – Even if convicted, the defense can present mitigating factors like drug addiction at sentencing to argue for reduced penalties under the law.

Getting Legal Help

Drug distribution charges should not be taken lightly given the steep penalties involved. Those facing charges should exercise their right to remain silent and contact a criminal defense lawyer immediately. An experienced attorney can evaluate defenses and negotiate with prosecutors for reduced charges or dismissal. For those convicted, a lawyer can advocate for the minimum sentence under law. The stakes are high, so retaining legal counsel is critical when dealing with drug distribution allegations.