Our firm is fully operational and working remotely in the midst of the Coronavirus impacting New Jersey. Please feel free to call us or contact us online for a free consultation with one of our lawyers.

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.

Testimonials

  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges

  • GREAT – HONEST- ATTORNEY -AND – VERY GOOD

  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

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.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map