Criminal Defense Lawyers

New Jersey Section 2C:35-7.1 – Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined

Understanding New Jersey’s Drug-Free Zone Law (N.J.S. 2C:35-7.1)

New Jersey’s drug-free zone law, also known as N.J.S. 2C:35-7.1, aims to deter drug distribution in areas frequented by children and other vulnerable populations. This law imposes strict penalties on individuals who manufacture, distribute, dispense, or possess with intent to distribute controlled dangerous substances within 500 feet of certain designated areas.

Let’s break down the key aspects of this law so lawyers stay informed on how to best advise their clients.

What Activities Does the Law Prohibit?

The law prohibits violating N.J.S. 2C:35-5(a) – New Jersey’s law against manufacturing, distributing, dispensing, or possessing CDS with intent to distribute – while within a drug-free zone.

So if someone distributes, dispenses, or possesses with intent to distribute drugs within 500 feet of a drug-free zone, they face enhanced charges and penalties under N.J.S. 2C:35-7.1.

What Are Considered Drug-Free Zones?

There are three types of properties that qualify as drug-free zones under this statute:

• Public housing facilities – Properties owned or leased to a local housing authority to provide low-income housing
• Public parks – Recreation facilities or playgrounds owned or controlled by a government entity
• Public buildings – Specifically, publicly owned or leased libraries or museums

So any area within 500 feet of those locations constitutes a drug-free zone with heightened penalties for drug crimes.

What Are the Penalties?

Violating this law is a second-degree crime, punishable by 5-10 years in prison and fines up to $150,000.

However, if the violation involves one ounce or less of marijuana, it drops to a third-degree offense with 0-5 years imprisonment and fines up to $35,000.

Unlike some other drug statutes, there is no mandatory minimum prison sentence or parole disqualifier under 2C:35-7.1. But the penalties are still significantly harsher than a standard drug distribution offense under 2C:35-5(a).

Does the Violator Need to Know They Were in a Drug-Free Zone?

No. The law expressly states that lack of knowledge about being in a drug-free zone is not a defense.

So even accidental or unknowing presence in the zone does not prevent prosecution or conviction under this statute.

Is There an Affirmative Defense?

Yes, there is one narrow affirmative defense.

If the violation did not involve distribution “for profit” and did not involve someone under age 17, the defendant cannot be convicted under 2C:35-7.1.

So non-profit distribution to adults only provides a limited defense.

How is the Zone Boundary Determined?

For a conviction, there must be an approved map depicting the 500 foot boundary around the protected area.

The map must be authorized via ordinance or resolution by the relevant municipal, county, or state governing body.

Without a map verifying the offense occurred inside the 500 foot zone, there can be no conviction under this statute.

Why Was This Law Enacted?

The New Jersey Legislature passed N.J.S. 2C:35-7.1 in 1987 to create drug-free “safe zones” around locations frequented by children and vulnerable populations.

Their goal was to deter drug activity near schools, parks, public housing, and other community areas.

By imposing strict penalties for drug crimes in these designated zones, the law aims to protect children from exposure to drug dealing and make communities safer.

Constitutional Challenges

New Jersey’s drug-free zone law has faced constitutional challenges arguing it violates due process rights and amounts to cruel and unusual punishment.

Critics say strict liability for potentially unknowing presence in a drug-free zone is unfair. They also contend the zones are drawn too expansively in urban areas, enveloping most property.

However, the New Jersey Supreme Court upheld the law in 1992 (State v. Ivory), finding it did not violate due process or constitute cruel and unusual punishment under the state and federal constitutions. The US Supreme Court declined to hear an appeal.

Recent Reform Efforts

While the drug-free zone law has survived constitutional scrutiny, critics continue to argue it is overly punitive and sweeps too broadly.

Recent reform efforts in the legislature have sought to scale back the size of the zones and reduce penalties, especially for low-level marijuana offenses.

For example, a 2019 bill proposed shrinking the zones from 500 feet to 200 feet. However, the legislation stalled due to concerns about diluting the statute’s deterrent effects.

Reformers continue to push for more targeted application of drug-free zone penalties to serious dealers rather than low-level offenders. But so far, the New Jersey Legislature has opted to maintain strict penalties within the 500 foot zones.

Defending 2C:35-7.1 Violations

Defending alleged violations of New Jersey’s drug-free zone law requires a nuanced legal strategy. Here are some potential angles for defense lawyers to consider:

• Was the map establishing the 500 foot boundary legally sound and reliable? Attack flaws in how the zone was demarcated.
• Did police comply with protocols for establishing the offense location within the zone? Challenge measurement methods.
• Does the amount of drugs suggest personal use rather than distribution? Argue for simple possession rather than intent to distribute.
• Were there any extenuating circumstances that could help build an affirmative defense? Highlight facts that show non-profit distribution or lack of minors involved.
• For low-level marijuana charges, emphasize reform arguments to prosecute more leniently within zones.
• File suppression motions challenging constitutionality of search, seizure, or arrest procedures that produced evidence.
• Negotiate plea deals to lesser charges not requiring drug-free zone sentencing enhancements.

Skilled criminal defense lawyers can deploy these strategies to potentially avoid or reduce penalties under N.J.S. 2C:35-7.1. But it remains an uphill battle given the statute’s strict liability framework.

The Bottom Line

New Jersey’s drug-free zone law imposes severe penalties for drug crimes within 500 feet of schools, parks, public housing, and other designated areas. The law seeks to deter dealing in areas frequented by children and vulnerable populations.

But critics argue it sweeps too broadly and penalizes low-level offenders. Reform efforts continue, but the statute remains firmly intact for now.

Defense lawyers need to stay up to date on this law to best advise clients accused of violating it. With potential sentences of 5-10 years in prison, the stakes are high.

Thoroughly understanding N.J.S. 2C:35-7.1 is crucial for lawyers handling drug cases in New Jersey. This overview covers the key provisions, penalties, defenses, and reform landscape to help lawyers serve their clients’ interests. Be sure to consult experienced local counsel for case-specific guidance when defending alleged violations of this strict liability drug offense.