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NJSA 2C:35-5 – New Jersey Intent to Distribute – Distribution Charges

31
Jul
2011

by in Drug Defense

Lawyer for NJ Drug Distribution Charges

Selling drugs (CDS) in New Jersey can have severe legal consequences. Not only are the penalties for drug distribution harsh, if a profit motive is alleged, this can some options in resolving your case of off the table. For example, Pre-Trial Intervention (PTI) may reject you from the program if they believe you sold drugs to make money or that your crime was part of an ongoing criminal enterprise. Also, Drug Court, which is an intensive program that acts as an alternative to prison, may also reject you for a “profit motive.”

If you are facing drug distribution charges in New Jersey, call to speak with a NJ drug distribution lawyer. I defend both adult and juvenile drug charges state-wide. I can explain the process to you in detail, make sure your rights are protected, and give you a plan to defend the charges. There are defenses to a drug distribution charge. However, most of these defenses and the way they must be presented are not obvious, involve very technical processes, and expert analysis.

Dealing with a NJ Drug Distribution Conviction

Expunging an Intent to Distribute or Distribution charge. Due to a law past in 2010, certain individuals who have already been convicted of drug distribution charges may not be able to get that conviction expunged. However, there is still a waiting period of at least 5 years. The 5 years does not begin to run until you have finished serving whatever sentence was imposed.

Another option is a direct appeal. The most important thing to know about an appeal from a felony conviction is that your Notice of Appeal must be filed within 45 days. For a municipal court conviction, the appeal must be filed within 20 days from the date of your conviction. This limit is not tolled for weekends. The appeal process is complicated and technical in nature. You should certainly engage an experienced attorney before attempting to file an appeal on your own.

A Petition for Post-Conviction Relief (PCR) is often your last chance to have a conviction reversed. A petition for post-conviction relief must be filed within 5 years unless excusable neglect can be shown. The longer you wait to file, the harder it is to show excusable neglect. A PCR can be particularly useful if you have been placed in deportation proceedings.

New Jersey CDS Distribution Law

The applicable statute that governs most drug distribution charges and possession with intent charges in New Jersey is NJSA 2C:35-5. Manufacturing, distributing or dispensing

a. … it shall be unlawful for any person knowingly or purposely:

  1. To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
  2. To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

b. Any person who violates subsection a. with respect to:

  1. Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4 – methylenedioxymethamphetamine or 3,4 – methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall, except as provided in …, be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of …, a fine of up to $ 500,000.00 may be imposed;
  2. A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree;
  3. A substance referred to in paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that …. a fine of up to $ 75,000.00 may be imposed;
  4. A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of one ounce or more including any adulterants or dilutants is guilty of a crime of the second degree;
  5. A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of less than one ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, …. a fine of up to $ 75,000.00 may be imposed;
  6. Lysergic acid diethylamide, or its analog, in a quantity of 100 milligrams or more including any adulterants or dilutants, or phencyclidine, or its analog, in a quantity of 10 grams or more including any adulterants or dilutants, is guilty of a crime of the first degree. Except as provided in …., the court shall impose a term of imprisonment which shall include the imposition of a minimum term, fixed at, or between, one-third and one-half of the sentence imposed by the court, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of …., a fine of up to $ 500,000.00 may be imposed;
  7. Lysergic acid diethylamide, or its analog, in a quantity of less than 100 milligrams including any adulterants or dilutants, or where the amount is undetermined, or phencyclidine, or its analog, in a quantity of less than 10 grams including any adulterants or dilutants, or where the amount is undetermined, is guilty of a crime of the second degree;
  8. Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. …, a fine of up to $ 300,000.00 may be imposed;
  9. (a) Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of one-half ounce or more but less than five ounces including any adulterants or dilutants is guilty of a crime of the second degree;

(b) Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that notwithstanding the provisions of subsection b. of … a fine of up to $ 75,000.00 may be imposed;

  1. (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree … a fine of up to $ 300,000.00 may be imposed;

(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;

  1. Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree … a fine of up to $ 25,000.00 may be imposed;
  2. Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree;
  3. Any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog, is guilty of a crime of the third degree … a fine of up to $ 25,000.00 may be imposed; or
  4. Any Schedule V substance, or its analog, is guilty of a crime of the fourth degree except that, … a fine of up to $ 25,000.00 may be imposed.

c. Where the degree of the offense for violation of this section depends on the quantity of the substance, the quantity involved shall be determined by the trier of fact. Where the indictment or accusation so provides, the quantity involved in individual acts of manufacturing, distribution, dispensing or possessing with intent to distribute may be aggregated in determining the grade of the offense, whether distribution or dispensing is to the same person or several persons, provided that each individual act of manufacturing, distribution, dispensing or possession with intent to distribute was committed within the applicable statute of limitations.

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