New Jersey Section 2C:35A-6 – Payment Schedule.

New Jersey’s Controversial Payment Schedule for Drug Offenses

New Jersey’s drug laws have long been considered some of the harshest in the country. One of the most controversial aspects is the state’s payment schedule for certain drug offenses under Section 2C:35A-6 of the Comprehensive Drug Reform Act. This provision requires mandatory fines and penalties for even minor drug convictions that many argue are excessive and counterproductive.

Overview of the Payment Schedule

The payment schedule under 2C:35A-6 establishes mandatory fines and penalties for various drug crimes. The amounts are imposed based on the quantity and type of drugs involved. For example, possession of less than one ounce of marijuana carries a $500 fine for a first offense. Possession of 5-10 pounds of marijuana jumps to a $25,000 fine. Fines for harder drugs like cocaine and heroin start at $2,000 for less than half an ounce and go up to $300,000 for 5-10 pounds.

In addition to fines, the law requires mandatory drivers license suspensions of 6 months to 2 years. There are also mandatory terms of community service imposed based on the violation. The law requires courts to impose at least $150 in lab fees and $50 in forensic lab fees for each offense. There are also mandatory drug enforcement and demand reduction penalties of $1,000-$3,000 for many offenses.

Criticisms of the Payment Schedule

Advocacy groups like the ACLU and Drug Policy Alliance have called the payment schedule excessive and draconian. Fines in the thousands or tens of thousands for minor drug possession is out of step with most other states. The mandatory license suspensions have also been criticized as counterproductive by making it harder for people to get to work and school.

Many argue the fines and penalties fall disproportionately on minorities and the poor. A 2015 report found huge racial disparities in New Jersey drug enforcement. African Americans were three times more likely to be arrested for marijuana possession than whites, despite similar usage rates. This means the mandatory fines and penalties under the payment schedule hit minority communities the hardest.

There are also criticisms that the high fines and penalties encourage more criminal activity. As one editorial put it, the payment schedule “incarcerates or impoverishes” drug users, potentially forcing them into a cycle of crime to pay off huge debts. Many experts argue a better approach is treatment and rehabilitation programs rather than excessive punishments.

Recent Reforms and Reduction of Mandatory Minimums

In recent years, there has been progress in reforming some of the harshest aspects of the payment schedule. A 2015 law gave judges more discretion to waive or lower mandatory license suspensions in cases where they would cause extreme hardship related to employment, school, or medical needs.

In 2019, New Jersey passed a bipartisan bill removing mandatory minimum prison sentences for non-violent drug offenses. While mandatory fines and penalties remain on the books, this was an important step toward a more balanced approach. The state has also expanded drug courts and diversion programs aimed at rehabilitation rather than punishment.

Most recently, voters approved a 2020 ballot initiative to legalize marijuana. This eliminated all penalties for possession of under 6 ounces. However, distribution and sales offenses remain subject to the payment schedule.

The Path Forward

While progress has been made, advocates argue more reform of the payment schedule is needed. Reducing mandatory fines and penalties would recognize that addiction is a disease requiring treatment, not excessive punishment. More resources could be put into prevention and recovery programs rather than harsh enforcement measures.

As New Jersey continues efforts to correct past excesses of the drug war, reforming or eliminating the payment schedule under 2C:35A-6 should be part of the discussion. The state has led the way on issues like marijuana legalization and eliminating mandatory minimums. Now is the time to rethink imposing crippling fines and penalties on those suffering from addiction. The goal going forward should be a more balanced, humane approach focused on rehabilitation, not punishment.