New Jersey Section 2C:35A-7 – Relation to Other Dispositions

New Jersey’s Section 2C:35A-7 is part of the state’s Comprehensive Drug Reform Act of 1987, which outlines penalties and procedures for drug-related offenses. This section specifically covers how sentences under the drug profiteering law relate to other dispositions and penalties defendants may face.

Overview of Section 2C:35A-7

The key aspects of Section 2C:35A-7 include:

• Anti-drug profiteering penalties are imposed in addition to any other disposition for an offense. This means defendants face drug profiteering penalties on top of any other sentences for drug crimes.
• If other offenses are used as a basis for an anti-drug profiteering charge, the penalties for those offenses merge with the profiteering penalty. So defendants are not punished twice for the same offense.
• Anti-drug profiteering penalties do not merge with the punishment for any other offense, besides those used as the basis for the profiteering charge.
• If a defendant is convicted of an offense outside New Jersey that would have been a basis for profiteering charges, the conduct can still be used to establish a profiteering violation.
• Profiteering sentences run consecutively to sentences for other offenses related to the profiteering activity.

Implications of Section 2C:35A-7

Section 2C:35A-7 allows fairly severe cumulative penalties for those convicted of drug profiteering in combination with other drug offenses. The anti-drug profiteering law imposes extended prison terms along with fines up to 5 times the amount of profits gained from illegal drug activities.

By not merging these profiteering penalties with sentences for other offenses, defendants can face long consecutive prison sentences. Someone convicted of distribution along with profiteering could get up to life imprisonment depending on the amounts involved[1][2].

However, the law does prevent double punishment for the same offense. The prosecution cannot use a distribution conviction both as the basis for profiteering charges and to impose a separate distribution sentence[2].

Relationship to Other New Jersey Drug Laws

Section 2C:35A-7 is part of the overall Comprehensive Drug Reform Act that covers various drug crimes. Other relevant laws include:

• 2C:35-5 – Criminal penalties for manufacturing, distributing, or dispensing controlled dangerous substances[3]. This provides the basis for many profiteering charges.
• 2C:35-7 – Distributing or possessing drugs on school property or within 1000 feet of school property[4]. These offenses also frequently underlie profiteering cases.
• 2C:35A-1 – Definitions and offense elements for the anti-drug profiteering law[5]. This establishes what constitutes illegal profiteering activity.
• 2C:35A-2 – Grading of drug profiteering offenses based on the amounts and profits involved. This sets penalty levels.
• 2C:35A-3 – Extended prison terms for those convicted of profiteering. This is where the severe consecutive sentences come from.

Defenses to Drug Profiteering Charges

Several possible defenses exist to fight New Jersey drug profiteering charges:

• Lack of a predicate offense – The prosecution must prove commission of specific underlying drug felonies to establish profiteering. Fighting these predicate charges can defeat the profiteering case.
• No drug profits proven – The state must show significant profits from illegal drug activities to secure a conviction. Contesting the proof of major drug profits can undermine the prosecution.
• Out-of-state predicate conduct – Under 2C:35A-7, out-of-state offenses can be used as profiteering predicates. But fighting extradition and jurisdiction issues can exclude these.
• Unconstitutional vagueness – The definitions of drug profiteering activity may be unconstitutionally vague. This argument has defeated charges in some cases.
• Sentencing manipulation – The huge sentencing exposure can coerce plea deals. Allegations of manipulation to avoid trial can help in sentencing advocacy.

Bottom Line on 2C:35A-7

Section 2C:35A-7 allows severe cumulative penalties for those facing both drug profiteering and other drug charges. But the law also provides important protections against double punishment for the same offense. Skilled criminal defense counsel can also raise arguments to fight the charges themselves and mitigate the harsh sentences. With proper advocacy, even serious profiteering cases can potentially result in reasonable outcomes.