Maintaining a Controlled Dangerous Substance CDS Production Facility in New Jersey

Charges for Operating a Drug Production Facility in Violation of NJSA 2C:35-4

Have you been arrested for maintaining a drug production facility in New Jersey? This is one of the most serious indictable crimes in the New Jersey Criminal Code. The statute that governs operation of a controlled substance manufacturing facility is N.J.S.A. 2C:35-4. According to this law, it is a first degree crime to commit this type of offense. You may have thought you would simply be charged with drug distribution or intent to distribute CDS, but this charge is far more damaging.

If you are convicted of knowingly maintaining or operating a facility where drugs are grown, processed, produced, or packaged, you could face up to 20 years in prison. In other words, you need to speak with an experienced criminal defense attorney without delay. Contact The Tormey Law Firm at (201)-556-1570 for a free consultation now. Continue reading for more information about drug production charges in NJ.

Maintaining or Operating a Controlled Dangerous Substance Production Facility: N.J.S.A. 2C:35-4

In New Jersey, a person can be charged with a violation of NJSA 2C:35-4 for maintaining a CDS production facility responsible for producing any kind of drug included in Schedule I or Schedule II of the New Jersey Drug Schedules. Some of the most common charges for operating a drug production facility are issued to people who grow marijuana, as well as those who participate in the manufacture of heroin, cocaine, methamphetamine, lysergic acid diethylamide (LSD or acid), phencyclidine (PCP), gamma hydroxybutyrate (GHB), and flunitrazepam.

Notably, the terms “maintaining” and “operating” apply to a broad range of behavior. You can be charged with this crime for knowingly aiding, promoting, financing or otherwise participating in the maintenance or operations of a drug production premises, place or facility in New Jersey.

To secure a conviction, the prosecutor must prove beyond a reasonable doubt that the substance involved meets the requirements under the statute; that the premises was being used to produce the controlled substance; and that the defendant knowingly participated in activities related to the drug manufacturing facility.

What are the Penalties for Maintaining a Drug Production Facility in NJ?

As mentioned above, a violation of NJSA 2C:35-4 is considered a first degree crime, which is the most egregious under the NJ Criminal Code. To give you some perspective, examples of other first degree crimes include homicide, kidnapping, carjacking, armed robbery, and aggravated sexual assault. If convicted of operating a CDS manufacturing facility, you face between 10 and 20 years in New Jersey State Prison. Even if you have no prior criminal record, you are looking at mandatory incarceration.

In addition, maintaining a drug production premises is governed by the Brimage Guidelines. The Brimage Guidelines require those convicted to serve a mandatory minimum term of parole ineligibility set at, or between, one-third and one-half of the sentence imposed.

Perhaps most shocking are the fines associated with a conviction for operating a controlled substance production facility in New Jersey. Specifically, a defendant who is found guilty may be required to pay a fine of up to $750,000, or five-times the street value of the drugs manufactured or stored at the facility, whichever is greater. In addition to the prison time, the fines alone can ruin your finances for decades.

Contact a New Jersey Drug Production Facility Lawyer to Protect Your Rights

Now you know the extent of the charges against you. The next step is to find an attorney with extensive experience defending clients charged with maintaining or operating a controlled substance facility in New Jersey. At The Tormey Law Firm, our criminal defense team includes renowned trial lawyers and a former Prosecutor who prosecuted first degree drug production and trafficking cases before joining our team. We use our knowledge and experience on both sides of the criminal justice system to craft the most effective defense strategies for our clients. If you have been charged with NJSA 2C:35-4, contact us now at (201)-556-1570 to speak with an aggressive criminal lawyer who will fight for you.

We have offices in Morristown, Hackensack, Middletown, Newark, and New Brunswick, which allows us to serve clients throughout New Jersey. We regularly appear in courts in Bergen County, Hudson County, Essex County, Passaic County, Morris County, Camden County, Monmouth County, and other New Jersey areas. You can contact us 24/7 to arrange a free consultation about your case. You can also schedule an appointment to meet with us office at the most convenient office location for you.


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Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

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