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New Jersey statute

N.J.S.A. 2C:35-4 — Maintaining or operating a controlled dangerous substance production facility

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 35, New Jersey Statutes.

Criminal charges under this statute

Full text of N.J.S.A. 2C:35-4

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:35-4Primary source, current through the P.L.2025, c.346, and J.R.22
2C:35-4. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), any person who knowingly maintains or operates any premises, place or facility used for the manufacture of methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana in an amount greater than five pounds or ten plants or any substance listed in Schedule I or II, or the analog of any such substance, or any person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operations of such premises, place or facility, is guilty of a crime of the first degree and shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment which 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, the court may also impose a fine not to exceed $750,000.00 or five times the street value of all controlled dangerous substances, controlled substance analogs, gamma hydroxybutyrate or flunitrazepam at any time manufactured or stored at such premises, place or facility, whichever is greater. L.1987, c.106, s.1; amended 1988, c.44, s.1; 1997, c.181, s.2; 1997, c.186, s.2; 1999, c.133, s.2.

Official sources

Legal terms used in this section

Questions this section answers

What degree of offense is booby traps in manufacturing or distribution facilities; fortified premises in New Jersey?

It depends on the circumstances: booby traps in manufacturing or distribution facilities; fortified premises ranges from a crime of the third degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:35-4.1.

Booby trap in drug facility (no injury): crime of the second degree (N.J.S.A. 2C:35-4.1) · Booby trap causing bodily injury: crime of the first degree (N.J.S.A. 2C:35-4.1) · Fortified structure used for drug offenses: crime of the third degree (N.J.S.A. 2C:35-4.1)

What degree of offense is maintaining or operating a controlled dangerous substance production facility in New Jersey?

Maintaining or operating a controlled dangerous substance production facility is a crime of the first degree in New Jersey under N.J.S.A. 2C:35-4.

Which New Jersey statute covers maintaining or operating a controlled dangerous substance production facility?

Maintaining or operating a controlled dangerous substance production facility is governed by N.J.S.A. 2C:35-4 (Maintaining or operating a controlled dangerous substance production facility).

This reference is informational and is not legal advice.