New Jersey Section 2C:35B-8 – Damage table
Hey there! If you’re a lawyer in New Jersey, you’ve probably heard about the state’s drug laws. Specifically, there’s this thing called the “damage table” that assigns specific penalties based on the amount and type of illegal drugs involved in a case. It’s in Section 2C:35B-8 of New Jersey’s criminal code.I know, I know – legal stuff can be super boring and confusing. But as your friendly neighborhood blogger, I’m gonna try to break it down in simple terms so you can understand it better. Sound good? Alright, let’s get to it!
Contents
What is the damage table?
The damage table lists out all the illegal drugs – like heroin, cocaine, meth, etc. – and assigns higher penalties based on the amount involved. For example, possessing between 1 ounce and 5 pounds of marijuana can get you 3-5 years in prison. But if you have 5-25 pounds, now you’re looking at 5-10 years. See how the more drugs, the harsher the punishment?It’s basically the state’s way of saying “We take drug crimes really seriously here!” The bigger the quantity, the bigger the penalty. Makes sense, right?
How does the table work?
The table divides the drugs into different “schedules” based on how dangerous they are. The big ones like heroin and cocaine are Schedule I and II. Weed and prescription pills are Schedule III and IV. Then there’s Schedule V for small amounts of certain drugs.Each schedule has its own penalties. And within each schedule, there are weight ranges for the drugs, with associated prison terms. So if you’re caught with a certain amount of a certain drug, the prosecutors just look it up on the table to see what kind of sentence you’ll get. Easy peasy!Well, not so easy if you’re the one being sentenced. But you get what I mean.
What are some examples from the table?
Alright, let’s look at some real examples straight from the damage table law. Brace yourself, these penalties get pretty steep:
- Cocaine (Schedule II): 200 grams to 5 kilograms = 10-20 years in prison
- Heroin (Schedule I): 1 ounce to 5 pounds = 10-20 years
- Meth (Schedule II): 1-5 grams = 3-5 years
- Weed (Schedule I): 1 pound or more = 3-5 years
See what I mean? New Jersey does not mess around when it comes to drug crimes! Other states aren’t nearly as harsh with their sentencing.
What’s the purpose behind it?
The main goal of the damage table is to deter people from selling or even possessing large quantities of illegal drugs. The logic is that if the penalties are super severe, it’ll scare drug dealers away and disrupt the whole supply chain.Whether that actually works is up for debate. But that’s the idea behind it.It also aims to punish major drug traffickers more harshly than small-time users or dealers. The people bringing in tons of heroin or cocaine are viewed as doing more harm, so they get dealt the harshest sentences.
What do critics say about it?
While the damage table is meant to deter drug activity, many argue that it goes too far and the sentences are inhumane. Here are some of the criticisms:
- Penalties are too harsh across the board, not just for major traffickers. Even minor drug offenses can result in years or decades behind bars.
- It disproportionately affects poor minorities, continuing the cycle of poverty and incarceration.
- It wastes taxpayer money keeping nonviolent offenders imprisoned for excessive terms.
- It doesn’t address the underlying causes of drug abuse and addiction. Punishment alone is not an effective deterrent.
So in essence, critics say the damage table is overly punitive, cost-prohibitive, and doesn’t tackle the root of the problem – just locks people up and throws away the key.
Are there any reform efforts?
With the criticisms in mind, there have been efforts to reform New Jersey’s drug laws and reduce some of the harsh mandatory minimums.For example, the state passed a law in 2019 that eliminated mandatory minimums for non-violent drug offenses. This was a big step toward more judicial discretion in sentencing.There was also a bill proposed in 2020 that would have completely repealed the damage table, but it didn’t end up passing. So while the table is still in effect, it seems like the tide is slowly shifting toward a less punitive approach to drug crimes.
What should I do if facing charges?
If you or a client is facing drug charges in New Jersey that involve weight amounts on the damage table, take it very seriously. The potential penalties are no joke.Some tips:
- Consult with an experienced criminal defense attorney. An expert lawyer can look into every option to reduce the charges and minimize sentencing.
- See if you qualify for the state’s diversionary programs, like drug court or probation. These allow you to avoid prison time if completed successfully.
- For addiction issues, look into rehab programs that can demonstrate efforts to get clean and sober.
The damage table imposes rigid sentences, but a smart lawyer can still find ways to negotiate more lenient outcomes. Don’t go it alone!
The Bottom Line
At the end of the day, New Jersey’s drug laws are still pretty darn punitive. The damage table imposes mandatory minimums based on drug weights that many argue are excessive and counterproductive.But there does seem to be momentum for reform. With more public awareness and smart policies that address root causes – like addiction, poverty and lack of opportunity – hopefully the criminal justice system can take a more balanced approach to drug crimes.Whew, we covered a lot of ground here! Let me know if you have any other questions on this topic. I know it’s kinda confusing, but I’m happy to break it down in simple terms. That’s what I’m here for!