New Jersey Section 2C:35-8 – Distribution to persons under age 18; enhanced punishment

New Jersey’s Law on Distributing Drugs to Minors: An Overview for Concerned Citizens

New Jersey has strict laws prohibiting the distribution of controlled dangerous substances to minors under the age of 18. Specifically, Section 2C:35-8 of the New Jersey Code of Criminal Justice provides enhanced penalties for anyone 18 or older who knowingly distributes drugs to a minor. This law is an important tool for prosecutors seeking justice when adults recklessly endanger children by providing them with illegal and potentially deadly narcotics.

As caring citizens and parents, it is critical that we understand the dangers of youth drug use and support efforts to deter adults from supplying minors with harmful contraband. While no law can fully prevent youth substance abuse, Section 2C:35-8 allows prosecutors to hold adult offenders fully accountable for their role in introducing children to highly addictive drugs.

The Basics of Section 2C:35-8

Section 2C:35-8 is straightforward in creating heightened punishments for those who distribute drugs to minors. The law states that any person 18 or older who is convicted of violating the state’s drug distribution laws under Section 2C:35-5 or Section 2C:35-7 by providing drugs to someone under 18 will face double the fines, prison time, and parole ineligibility periods that normally apply to the offense.

For example, distributing drugs like heroin or cocaine to a minor within 1,000 feet of school property is typically a third-degree crime carrying 3-5 years imprisonment under 2C:35-7. But if Section 2C:35-8 applies, the enhanced penalty would be 6-10 years behind bars instead. The law ensures adults who recklessly endanger juveniles with drugs face appropriately severe consequences.

The Policy Behind Section 2C:35-8

The New Jersey Legislature passed Section 2C:35-8 in 1987 as part of the Comprehensive Drug Reform Act, which established strict punishments for drug crimes across the board. However, legislators recognized that adults who specifically target children deserve heightened penalties.

As the Senate Judiciary Committee Statement supporting the law explained: “This section provides that the punishment for distribution of drugs to juveniles and pregnant females should be increased to twice that for distribution of drugs to adults. The enhanced penalties reflect the Legislature’s strong disapproval of distribution of drugs to these especially vulnerable groups.”

The statement also noted the “severe emotional and physical damage” that introducing drugs causes juveniles in particular. Section 2C:35-8 reflects lawmakers’ judgment that those who recklessly endanger vulnerable youth with narcotics deserve harsher punishment. Prosecutors have used the statute for decades to hold adult dealers accountable when evidence shows they have targeted minors.

Proving Distribution to a Minor Under 2C:35-8

To trigger Section 2C:35-8’s enhanced penalties, prosecutors must first establish the basic elements of the underlying drug distribution offense under 2C:35-5 or 2C:35-7. This means proving the defendant knowingly distributed a controlled dangerous substance like cocaine or heroin. Prosecutors can rely on undercover buys, witness testimony, phone records, and other evidence to build their case.

In addition to the normal distribution elements, prosecutors must prove:

• The defendant was 18 or older at the time; and
• The individual receiving the drugs was under 18.

Police commonly have evidence like driver’s licenses and school records to establish the ages involved.

Significantly, the law does not require prosecutors to prove the defendant knew the recipient was a minor. As the statute states: “It shall not be relevant to the imposition of enhanced punishment pursuant to this section that the defendant mistakenly believed that the recipient of the substance was 18 years of age or older, even if the mistaken belief was reasonable.” This ensures adults cannot avoid enhanced penalties by claiming they did not know the juvenile’s age.

Defenses to 2C:35-8 Charges

Because Section 2C:35-8 builds on traditional drug distribution charges, defendants can raise any normal defenses that cast doubt on the prosecution’s case. For example, they may argue they never actually distributed any drugs or the police arrested the wrong person.

However, mistaken age is not an allowable defense under 2C:35-8. The law imposes strict liability regarding the juvenile’s age once prosecutors prove an illegal drug transfer occurred.

This leaves defendants with limited options once prosecutors establish a drug transfer to a minor occurred. Strategies may include:

• Attacking the drug testing: The defense may contest the laboratory tests identifying the substance as an illegal drug. Errors do occasionally occur in drug analysis.
• Questioning identification: The defense may claim the state has the wrong defendant and the person who distributed drugs to the minor was someone else entirely. Eyewitness misidentification is a common cause of wrongful convictions.
• Disputing intent: The defendant may argue the transfer was an innocent mistake rather than an intentional distribution. For example, a defendant may claim she handed her purse containing drugs to a youth thinking it only contained cash. While this would not avoid enhanced penalties under 2C:35-8, it could potentially lead to a conviction on a lesser possession offense.
• Seeking rehab: Defendants with clear substance abuse issues may seek admission to a court-ordered drug treatment program in lieu of prison. However, distribution charges often make defendants ineligible for these rehabilitative programs.

As with any criminal case, skilled defense counsel will thoroughly investigate the facts and identify any plausible defenses. However, Section 2C:35-8 purposefully limits defenses related to the youth’s age once prosecutors prove an illegal drug transfer occurred.

The Bottom Line on 2C:35-8

Distributing dangerous narcotics to vulnerable minors threatens young lives and our community’s future. The New Jersey legislature recognized this in enacting Section 2C:35-8 to hold adult offenders fully accountable. While no law can undo the harm of introducing children to drugs, 2C:35-8 at least ensures those who recklessly endanger kids face appropriately severe penalties.

Conscientious citizens should support robust enforcement of Section 2C:35-8 and other laws deterring the distribution of deadly narcotics to minors. If you suspect illegal drug sales to juveniles in your neighborhood, do not hesitate to report it to local law enforcement. By working together, we can protect our youth and hold unscrupulous dealers fully responsible for their crimes. Our children’s safety and futures depend on it.