Possession with the Intent to Distribute Controlled Dangerous Substances

In New Jersey, Distribution of Controlled Dangerous Substances and Possession with the Intent to Distribute Controlled Dangerous Substances are two of the most common allegations heard in Superior Courts across New Jersey. Both crimes are codified at N.J.S.A. 2C:35-5.

N.J.S.A. 2C:35-5 criminalizes the possession with intent to manufacture, distribute or dispense, a controlled dangerous substance, controlled substance analog or counterfeit controlled dangerous substance.

Former Prosecutors

The Bianchi Law Group is made up of former trial prosecutors and other “of counsel” attorneys who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey including Possession with the Intent to Distribute CDS.

Certified Criminal Trial Attorneys by the New Jersey Supreme Court

Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys.

In New Jersey, the New Jersey Supreme Court has a certification committee which classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria including extensive jury trials, a primary focus in criminal law, an application submission, a peer review process, a character and background check and to pass a written examination. Only 250 of over 93,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney.

Possession with the Intent to Distribute Controlled Dangerous Substances Penalties in New Jersey

The penalties for Possession with the Intent to Distribute Controlled Dangerous Substances depend on the type of drug at issue and may even depend on the place when the distribution or possession took place.

Here are a list of the substances prohibited in New Jersey along with the degree and any statutory penalties which deviate to the standard fines found in N.J.S. 43-3:

• 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, in a quantity of five ounces or more is a first degree crime. Additionally, the court is required to set a term or parole ineligibility between, one-third and one-half of the sentence imposed. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine up to $500,000.00 may be imposed;
• Heroin, and all the substances mentioned above, in a quantity of one-half ounce or more but less than five ounces, is a second-degree crime;
• Heroin, and all the substances mentioned above, in a quantity less than one-half ounce is a third-degree crime. Additionally, notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the Judge may impose a fine up to $75,000;
• 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 is a crime of the second degree;
• 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 is a crime of the third degree. Additionally, notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the Judge may impose a fine up to $75,000;
• Lysergic acid diethylamide, or its analog, in a quantity of 100 milligrams or phencyclidine, or its analog, in a quantity of 10 grams or more is guilty of a crime of the first degree. Additionally, the court is required to set a term or parole ineligibility between, one-third and one-half of the sentence imposed. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine up to $500,000.00 may be imposed;
• Lysergic acid diethylamide, or its analog, in a quantity less than of 100 milligrams or phencyclidine, or its analog, in a quantity of less than 10 grams or more is guilty of a crime of the second degree;
• Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of five ounces or more is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed;
• Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of one-half ounce or more but less than five ounces is guilty of a crime of the second degree;
• Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of less than one-half ounce is guilty of a crime of the third degree. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;
• Marijuana in a quantity of 25 pounds or more, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed;
• Marijuana in a quantity of five pounds or more but less than 25 pounds, 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, is guilty of a crime of the second degree;
• Marijuana in a quantity of one ounce or more but less than five pounds, or hashish in a quantity of five grams or more but less than one pound is guilty of a crime of the third degree. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed;
• Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams is guilty of a crime of the fourth degree;
• 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. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed;
• Any Schedule V substance, or its analog, is guilty of a crime of the fourth degree. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed.
• Gamma hydroxybutyrate is guilty of a crime of the second degree. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $150,000.00 [found at N.J.S. 35-5.2].
• Flunitrazepam, in a quantity of one gram or more is guilty of a crime of the first degree. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $250,000.00 may be imposed [found at N.J.S. 35-5.3].
• Flunitrazepam, in a quantity less than one gram is guilty of a crime of the second degree. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $150,000.00 may be imposed [found at N.J.S. 35-5.3].
• Bath Salts, where the quantity involved is one ounce or more is guilty of a crime of the second degree; technically named 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); or 4-fluoromethcathinone (flephedrone, 4-FMC) [found at N.J.S. 35-5.4].

Crimes in the first degree can be punishable from 10 years to 20 years in New Jersey State prison. Crimes in the second-degree range can be punishable from 5 years to 10 years in New Jersey State prison. Crimes in the third-degree range can be punishable from 3 years to 5 years in the New Jersey State prison. Crimes in the fourth-degree range can be punishable up to 18 months in New Jersey State prison.

The Sentencing Judge may also order fines and restitution as prescribed by 2C:43-3 for all convictions for Possession with the Intent to Distribute CDS in New Jersey.

Within 500 feet of Public Housing Facility, a Public Park, or a Public Building

Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree, except that it is a crime of the third degree if the violation involved less than one ounce of marijuana. [2C:35-7.1]

Crimes in the second-degree range can be punishable from 5 years to 10 years in New Jersey State prison. Crimes in the third-degree range can be punishable from 3 years to 5 years in the
New Jersey State prison.

DEDR- Mandatory Drug Enforcement and Demand Reduction penalties

Pursuant to N.J.S. 2C:35-15, the Sentencing Judge must order the defendant to pay the following mandatory drug enforcement and demand reduction penalties for any Chapter 35 (Controlled Dangerous Substances) and Chapter 36 (Drug Paraphernalia) convictions:

• $3,000.00 in the case of a crime of the first-degree;
• $2,000.00 in the case of a crime of the second-degree;
• $1,000.00 in the case of a crime of the third-degree;
• $750.00 in the case of a crime of the fourth-degree;
• $500.00 in the case of a disorderly persons or petty disorderly persons offense.

Additionally, any person who possesses, distributes, dispenses or has under his control with intent to distribute or dispense 3,4-methylenedioxymethamphetamine, 3,4-methylenedioxyamphetamine, gammabutyrolactone, gamma hydroxybutyrate or flunitrazepam, or a controlled substance analog of any of these substances, shall, notwithstanding the provisions of any other law, be subject to a drug enforcement and demand reduction penalty of twice the amount otherwise applicable to the offense. [2C:35-5.11. Fines imposed for possession or distribution of certain drugs].

New Jersey Driver’s License Suspension For CDS Convictions

A person convicted of or adjudicated delinquent for a violation of any offense defined in this chapter 35 (Controlled Dangerous Substances) or chapter 36 (Drug Paraphernalia) of this title shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed unless the court finds compelling circumstances warranting an exception.

Trial Ready New Jersey Criminal Lawyers

Like in all of our cases handled at the Bianchi Law Group, our experienced staff of trial attorneys and “of counsel” attorneys are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys. We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys… We will not hesitate to go to trial.