New Jersey Section 2C:35-9 – Strict Liability for Drug-Induced Deaths

New Jersey’s Strict Liability Law for Drug-Induced Deaths: An Overview

New Jersey has one of the strictest drug-induced death laws in the country. Formally known as strict liability for drug-induced deaths, this law is codified under Section 2C:35-9 of New Jersey’s criminal code. It imposes severe criminal penalties on anyone who manufactures, distributes, dispenses or sells a controlled dangerous substance that leads to an overdose death, regardless of their intent or knowledge.

This controversial law treats drug-induced deaths as homicide – punishing them as first-degree crimes with a sentence of 10-20 years in prison and fines up to $200,000. Defendants also face driver’s license suspension, mandatory drug offender penalties, and parole ineligibility under the No Early Release Act.

How the Law Works

To convict someone under 2C:35-9, prosecutors must prove:

• The defendant purposefully or knowingly manufactured, distributed, dispensed or sold a Schedule I or II CDS (controlled dangerous substance)
• The victim used the CDS provided by the defendant
• The victim’s death was caused by ingesting the CDS

Unlike traditional homicide charges, the state does not need to prove intent to kill or recklessness. Strict liability means defendants can be convicted even if the death was completely accidental and unforeseeable.

Legislative Intent

When the law was passed in 1987, legislators intended it to target high-level drug traffickers and kingpins. The goal was to hold those at the top of distribution chains accountable for the harms caused by illegal drugs.

However, in practice, the law has mainly been used against low-level street dealers, friends who shared drugs with the victim, and even hospice nurses. Critics argue this expands liability far beyond what was intended.

Real World Cases

Several high-profile cases have sparked debate about the fairness and efficacy of 2C:35-9:

• In State v. Maldonado, a defendant sold heroin to a willing buyer. After the buyer died of an overdose, Maldonado was sentenced to 20 years under the drug-induced death law. This exemplifies how the law ensnares small-time dealers.
• In State v. Watson, a man shared heroin with his girlfriend, they both overdosed, but only the girlfriend died. Watson got 10 years for strict liability drug-induced death. Critics argued this stretched the meaning of “distribution.”
• A hospice nurse was charged when a dying patient accidentally overdosed on morphine. Defense lawyers and medical groups objected to prosecuting end-of-life palliative care. The charges were later dropped.

Defenses

While 2C:35-9 imposes strict liability, some factual and legal defenses are still available:

• The drugs that caused death were not provided by the defendant
• The drugs were not Schedule I or II substances
• Death was too remote from drug ingestion
• Another person’s actions were the main cause of death
• The victim substantially contributed to their own death

However, it’s not a defense that the victim consented to taking the drugs or acted negligently/recklessly in causing their own death.