NJ Marijuana Distribution 2C:35-5- Marijuana Distribution Charges – Penalties for marijuana distribution nj – I was arrested for distribution of marijuana in NJ
“In New Jersey, marijuana distribution can be punished severely. An experienced drug crime defense lawyer can secure the best possible outcome to your case.”
Statistically speaking, hiring an attorney might be your only chance of drastically reducing your punishments and potentially getting these serious charges dismissed entirely.
The Tormey Law Firm is a team of extremely aggressive criminal defense attorneys, including a former NJ prosecutor. We have extensive experience defending clients charged with drug crimes and we know how the other side thinks in the courtroom. With our advanced marijuana defense strategies, we can secure the best possible outcome for you. Call us today for a free consultation.
Distribution & Possession with Intent to Distribute Marijuana Charges
The charge of distribution of marijuana in New Jersey is set forth in N.J.S.A. 2C:35-5, which prevents a person from manufacturing, distributing, or possessing with intent to distribute marijuana. This statute also encompasses other controlled dangerous substances (CDS). Marijuana possession with intent to distribute charges carry a range of punishments, which are determined by several factors, including: the amount of marijuana you had, where you were arrested, and other evidence that may be present at the scene of your arrest, such as scales or drug packaging materials.
Penalties can vary, depending on the degree of the marijuana distribution offense. It is a fourth degree felony to distribute less than one (1) ounce of marijuana, which can result in a sentence of 18 months in jail and a fine of $25,000.00. Intent to distribute more than one (1) ounce of marijuana is a third degree felony, which can lead to a sentence of five (5) years in jail and a fine of $25,000.00. If a person is convicted of intending to distribute more than five (5) pounds of marijuana, it is a second degree felony and is punishable by up to ten (10) years in jail and a fine of $150,000.00. Finally, intent to distribute 25 pounds of marijuana is classified as a first degree felony, which can lead to a 20-year jail sentence and a fine of $300,000.00. Clearly, that’s some significant jail time.
Additionally, N.J.S.A. 2C:35-7 describes special penalties that apply when a person distributes marijuana within 1,000 feet of a school zone, public park, or public housing facility. These additional penalties can include a sentence of three (3) years in jail and a fine of $150,000.00.
As far as cultivating marijuana, anyone who wishes to legally grow cannabis will need to apply for a cannabis cultivator license. If you are caught illegally growing cannabis in your home, you will be charged with a felony. Depending on the total number of marijuana plants found on your property, you could even be charged with a first degree crime for maintaining a CDS production facility and face up to 20 years in prison if convicted.
Distributing or Possessing with Intent to Distribute Marijuana NJ Punishments
The consequences of a conviction for intent to distribute marijuana get worse as the amount of marijuana involved increases. Below are the specific fines and penalties for marijuana distribution offenses in New Jersey.
- Intent to distribute less than 1 ounce of marijuana: a fourth degree crime, including penalties of up to 18 months in prison and a maximum fine of $25,000
- Intent to sell 1 ounce to 5 pounds of marijuana: a third degree crime, which may be punished by up to 5 years in prison and a fine of up to $25,000
- Distributing between 5 pounds and 25 pounds of marijuana: a second degree crime and carries up to 10 year prison sentence and a maximum $150,000 fine
- Over 25 pounds of marijuana with intent to distribute: a first degree crime punishable by up to 20 years in NJ State Prison and a fine of $300,000
- Intent to Distribute Marijuana in a School Zone: this is a separate offense and is more serious than simple possession of marijuana in a school zone. You will be charged with a third degree crime, punishable by 3 to 5 years in prison, with a mandatory minimum term that must be served before becoming eligible for parole. You may also be forced to pay a fine of up to $150,000.
There is one significant change to marijuana distribution laws in NJ. For the least serious offenses, the defendant is not likely to face criminal charges the first time around. Under the new guidelines, anyone who is caught unlawfully selling one ounce or less of marijuana will not be arrested, as long as this was the individual’s first offense. Instead, police are supposed to issue a warning to the offender, with the understanding that a second offense will result in the individual being charged with a fourth degree crime for marijuana distribution.
Contact a New Jersey Marijuana Distribution Attorney for Help with Your Case
There are defenses available to a marijuana distribution charge. Please keep in mind that any legal defenses are best left to an experienced professional who is familiar with drug crime defense and courtroom procedure in New Jersey. Call the Tormey Law Firm for a free consultation. Our aggressive drug crime defense attorneys can help you potentially beat your marijuana distribution charge. We know how to fight your charge because that’s what we do in courts statewide on a daily basis.
With experienced New Jersey criminal defense attorneys on staff, we’ve got the strategies that can lead to a win in the courtroom. Call us today so that we can better understand the charges against you and devise a plan to help you beat the case. You can reach us anytime at (201) 556-1570.
The statutes that address various charges for selling, manufacturing, or distributing marijuana are provided below in their entirety for your reference.
N.J.S.A. 2C:35-5 – Distribution of Marijuana Statute
Manufacturing, Distributing or Dispensing. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), 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 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 N.J.S.2C:35-12, 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 N.J.S.2C:43-3, 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 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, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 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, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 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 N.J.S.2C:35-12, 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 N.J.S.2C:43-3, 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. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, 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 N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;
(10) (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. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, 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;
(11) 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 except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed;
(12) 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;
(13) 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, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
(14) Any Schedule V substance, or its analog, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 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.
N.J.S.A. 2C:35-7 – Distribution of Marijuana Near School Property Statute
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 on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall, except as provided in N.J.S.2C:35-12, be sentenced by the court to a term of imprisonment. Where the violation involves less than one ounce of marijuana, 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, or one year, whichever is greater, during which the defendant shall be ineligible for parole. In all other cases, 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, or three years, whichever is greater, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $150,000.00 may also be imposed upon any conviction for a violation of this section.
Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for a violation of subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme).
It shall be no defense to a prosecution for a violation of this section that the actor was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property. Nor shall it be a defense to a prosecution under this section, or under any other provision of this title, that no juveniles were present on the school property at the time of the offense or that the school was not in session.
It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person 17 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.
In a prosecution under this section, a map produced or reproduced by any municipal or county engineer for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or a true copy of such a map, shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance approving the map as official finding and record of the location and boundaries of the area or areas on or within 1,000 feet of the school property. Any map approved pursuant to this section may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. Nothing in this section shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the governing body of a municipality or county, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.
N.J.S.A. 2C:35-7.1 – Distribution of Marijuana Near Public Housing Statute
a. 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.
b. It shall be no defense to a prosecution for violation of this section that the actor was unaware that the prohibited conduct took place while on or within 500 feet of a public housing facility, a public park, or a public building.
c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for a violation of subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme). Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of N.J.S.2C:35-7 or any other offense defined in this chapter.
d. It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit, and that the prohibited conduct did not involve distribution to a person 17 years of age or younger. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.
e. In a prosecution under this section, a map produced or reproduced by any municipal or county engineer for the purpose of depicting the location and boundaries of the area on or within 500 feet of a public housing facility which is owned by or leased to a housing authority according to the “Local Redevelopment and Housing Law,” P.L.1992, c.79 (C.40A:12A-1 et seq.), the area in or within 500 feet of a public park, or the area in or within 500 feet of a public building, or a true copy of such a map, shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance approving the map as official finding and record of the location and boundaries of the area or areas on or within 500 feet of a public housing facility, a public park, or a public building. Any map approved pursuant to this section may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. Nothing in this section shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the governing body of a municipality or county, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.
f. As used in this act:
“Public housing facility” means any dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned by or leased to a local housing authority in accordance with the “Local Redevelopment and Housing Law,” P.L.1992, c.79 (C.40A:12A-1 et seq.) for the purpose of providing living accommodations to persons of low income.
“Public park” means a park, recreation facility or area or playground owned or controlled by a State, county or local government unit.
“Public building” means any publicly owned or leased library or museum.
