New Jersey Section 2C:35A-2 – Declaration of Policy and Legislative Findings.

New Jersey’s Drug Law Section 2C:35A-2 – What’s the Deal?

New Jersey has some pretty strict drug laws on the books. One of the main ones is Section 2C:35A-2 of the New Jersey Code of Criminal Justice, which lays out the state’s policy and reasoning behind its drug laws. This section is kind of like the preamble that gives the background before diving into all the nitty-gritty laws. Let’s break it down so you can understand what it’s all about, shall we?

The War on Drugs

First off, 2C:35A-2 starts by saying New Jersey is declaring a “war on drugs.” This section was enacted in 1987, so it was part of the whole “Just Say No” and DARE era of the 1980s War on Drugs. The goal was to get tough on drugs and drug-related crime by passing stricter laws with tougher penalties.

The legislature felt that illegal drug use and trafficking were at “epidemic proportions” and were a “serious and pervasive” threat to public health, safety, and welfare. They were worried that drug money was corrupting cops and politicians. There were also concerns that drug dealers were getting rich while poor communities suffered. So they wanted to crack down.

The Penalties and Punishments

To fight the drug problem, 2C:35A-2 says the legislature wanted to hit drug offenders with “strict punishment, deterrence, and rehabilitation.” We’re talking serious criminal penalties here – long prison terms, big fines, forfeiting property, and losing public office. They wanted to send a message that drug crimes won’t be tolerated.

The law calls for mandatory minimum prison sentences, meaning judges don’t have much discretion. Even first-time offenders can face years behind bars. Fines can be up to $500,000 for drug trafficking. And any profits or property connected to drug crimes can be seized and forfeited.

Focus on Drug Kingpins

Another goal stated in 2C:35A-2 was to focus law enforcement resources on “drug profiteers and career criminals” who traffic large quantities. The big fish, so to speak.

So the laws impose harsher punishments for people caught with bigger amounts of drugs assumed to be for distribution rather than personal use. The idea was to take down major traffickers and drug lords running big operations in New Jersey.

Controversies and Criticisms

While these laws were intended to fight the drug epidemic, many argue they’ve done more harm than good. Critics say the War on Drugs unfairly targeted poor, urban communities and people of color. And strict sentencing laws have led to mass incarceration without effectively reducing drug use and addiction.

There are also debates around the effectiveness of mandatory minimums vs. judicial discretion in sentencing. Others contend focusing resources on low-level offenders and users distracts from large traffickers. The use of civil asset forfeiture to seize property without conviction has raised due process concerns as well.

So Section 2C:35A-2, while aimed at addressing drug abuse, has proven controversial in its methods and outcomes. There are frequent calls to reevaluate New Jersey’s drug policies in light of their real-world impacts. But major reforms have been slow to materialize.

Specific Drug Laws and Penalties

Okay, now that we’ve talked about the philosophy behind it, let’s look at some of the specific drug laws and penalties laid out after the policy section we just discussed. These individual statutes get pretty granular about the different charges for various drugs and amounts. Here’s a quick rundown:

• Marijuana – Possession of under 50 grams is a disorderly persons offense. Over 50 grams is a 4th degree crime. Distribution of 1 ounce to 5 pounds is a 3rd degree crime. More than 5 pounds is a 2nd degree crime.
• Heroin / Opiates – Possession and distribution charges depend on the amount, ranging from 3rd to 1st degree crimes. For example, having over 5 grams of heroin can be a 1st degree crime punishable by 10-20 years in prison!
• Cocaine – Again, the amount determines the degree of the crime, from 3rd to 1st degree for possession. Distribution of 5 ounces to 5 pounds is a 1st degree crime.
• Methamphetamine – Possession of over 5 grams is a 2nd degree crime. Making or distributing meth is a 1st degree crime.
• MDMA (Ecstasy) – Possession of 1 gram to 5 grams is a 3rd degree crime. Distribution or possession of over 5 grams jumps to a 1st degree crime.

As you can see, the penalties get harsher as the drug amounts increase. First degree crimes for trafficking harder drugs can potentially mean decades behind bars. These laws are no joke.

Defenses and Challenges

With such strict liability laws, what defenses are available for drug charges? And can these laws be challenged as unconstitutional in some cases?

For possession charges, defendants may claim the drugs were for personal use only. Or they can argue the drugs were planted on them or weren’t actually in their possession. There are also technicalities around following proper search and seizure procedures.

Those charged with distribution or trafficking often argue they had no intent to sell drugs. Or they challenge whether the amounts really indicate an intent to distribute rather than personal use. Procedural issues like entrapment or problems with evidence are other angles.

There have also been some constitutional challenges to New Jersey’s drug laws. Defense attorneys have argued that mandatory sentencing laws violate rights to due process and a fair trial. Some say forfeiture of property without conviction goes against the Fifth Amendment. And vague wording could allow for arbitrary enforcement.

So far the courts have upheld the constitutionality of these statutes. But as public attitudes about drugs evolve, we may see renewed legal challenges to aspects of these policies. For now, the strict laws remain on the books.