Statutes

The New Jersey Code of Criminal Justice 2C § 35-5

Statutory Definition of the Offense

It is unlawful for any person knowingly or purposely:

1. To manufacture, distribute or dispense, or to possess or have under his control with intent to distribute or dispense, or manufacture, 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.

Crime Classifications

Drug distribution offenses are classified according to the type of substance and the amounts distributed (either actual or intended), including the weight of any adulterants or dilutants.

Heroin or Cocaine

• 5 oz. or more: 1st degree crime
• 1/2 oz. - 5 oz.: 2nd degree crime
• Less than 1/2 oz.: 3rd degree crime

Schedule I or II Narcotic (excluding heroin or cocaine)

• 1 oz. or more: 2nd degree crime
• Less than 1 oz.: 3rd degree crime

Lysergic Acid Diethylamide (LSD)

• Less than 100 milligrams (or where the amount is undetermined): 2nd degree crime

Methamphetamine

• 5 oz. or more: 1st degree crime
• 1/2 oz. - 5 oz.: 2nd degree crime
• Less than 1/2 oz.: 3rd degree crime

Marijuana

• 25 lbs. or more, 50 or more plants, or more than 5 lbs. of hashish/concentrate: 1st degree crime
• 5 lbs. - 25 lbs., 10-50 plants, 1 lb. to 5 lbs. of hashish/concentrate: 2nd degree crime
• 1 oz. - 5 lbs., 5 g. - 1 lb. hashish/concentrate: 3rd degree crime
• Less than 1 oz., less than 5 g. of hashish/concentrate: 4th degree crime

Sentences and Penalties

• 1st degree crime: 10 - 20 yrs. in prison
• 2nd degree crime : 5 - 10 yrs. in prison
• 3rd degree crime : 3 - 5 yrs. in prison

Note: Those convicted of distributing drugs are typically subject to fines as well, but the amounts vary by the type of substance and other factors.