New Jersey statute

N.J.S.A. 2C:35-5 — Manufacturing, distributing or dispensing

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

Part of Chapter 35, New Jersey Statutes.

Criminal charges under this statute

Manufacturing, distributing or dispensing

Full text of N.J.S.A. 2C:35-5

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:35-5Primary source, current through the P.L.2025, c.346, and J.R.22

2C:35-5. 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 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 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 in 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 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 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 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 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 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 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) (a) Prior to the effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), 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 may be imposed; (b) On and after the effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), marijuana in a quantity of more than one ounce but less than five pounds including any adulterants or dilutants, or hashish in a quantity of more than five grams 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 may be imposed; (12) (a) Prior to the effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), 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; (b) On and after the effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), marijuana in a quantity of one ounce or less including any adulterants or dilutants, or hashish in a quantity of five grams or less including any adulterants or dilutants, is, for a first offense, subject to a written warning, which also indicates that any subsequent violation is a crime punishable by a term of imprisonment, a fine, or both, and for a second or subsequent offense, is guilty of a crime of the fourth degree; (i) The odor of marijuana or hashish, or burnt marijuana or hashish, shall not constitute reasonable articulable suspicion to initiate a search of a person to determine a violation of subparagraph (b) of paragraph (12) of this subsection. A person who violates this subparagraph shall not be subject to arrest, detention, or otherwise be taken into custody, unless the person is being arrested, detained, or otherwise taken into custody for also committing another violation of law for which that action is legally permitted or required; (ii) A person shall not be deprived of any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law solely by reason of committing a violation of subparagraph (b) of paragraph (12) of this subsection, nor shall committing one or more violations modify any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law, including, but not limited to, the granting, renewal, forfeiture, or denial of a license, permit, or certification, qualification for and the receipt, alteration, continuation, or denial of any form of financial assistance, housing assistance, or other social services, rights of or custody by a biological parent, or adoptive or foster parent, or other legal guardian of a child or newborn infant, or pregnant woman, in any action or proceeding by the Division of Child Protection and Permanency in the Department of Children and Families, or qualification, approval, or disapproval to serve as a foster parent or other legal guardian; (iii) All local and county law enforcement authorities shall, following the submission process used for the uniform crime reporting system established by P.L.1966, c.37 (C.52:17B-5.1 et seq.), submit a quarterly report to the Uniform Crime Reporting Unit, within the Division of State Police in the Department of Law and Public Safety, or to another designated recipient determined by the Attorney General, containing the number of violations of subparagraph (b) of paragraph (12) of this subsection committed within their respective jurisdictions, plus the race, ethnicity, gender, and age of each person committing a violation, and the disposition of each person's violation. These violations and associated information, along with a quarterly summary of violations investigated, and associated information collected, by the Division of State Police for the same period shall be summarized by county and municipality in an annual report, and both quarterly summaries and annual reports shall be made available at no cost to the public on the Division of State Police's Internet website; (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 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 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, other than with respect to a first violation of subparagraph (b) of paragraph (12) of subsection b. of this section which is subject to a written warning as set forth in that subparagraph. 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. amended 1988, c.44, s.2; 1997, c.181, s.3; 1997, c.186, s.3; 2000, c.55; 2000, c.136; 2021, c.16, s.55; 2021, c.19, s.1.

Official sources

justia: N.J.S.A. 2C:35-5

Legal terms used in this section

Questions this section answers

What degree of offense is crimes relative to synthetic cannabinoid; degree in New Jersey?

It depends on the circumstances: crimes relative to synthetic cannabinoid; degree ranges from a crime of the third degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:35-5.3b.

Synthetic cannabinoid - one ounce or more: crime of the second degree (N.J.S.A. 2C:35-5.3b) · Synthetic cannabinoid - less than one ounce: crime of the third degree (N.J.S.A. 2C:35-5.3b)

What degree of offense is criminalization, degree of crime in New Jersey?

It depends on the circumstances: criminalization, degree of crime ranges from a crime of the third degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:35-5.3a.

Manufacture/distribute/dispense/possess with intent — quantity one ounce or more: crime of the second degree (N.J.S.A. 2C:35-5.3a) · Manufacture/distribute/dispense/possess with intent — quantity less than one ounce: crime of the third degree (N.J.S.A. 2C:35-5.3a)

What degree of offense is manufacturing, distributing or dispensing in New Jersey?

It depends on the circumstances: manufacturing, distributing or dispensing ranges from a crime of the fourth degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:35-5.

Heroin/coca leaves — 5 oz or more: crime of the first degree (N.J.S.A. 2C:35-5) · Heroin/coca leaves — 1/2 oz to <5 oz: crime of the second degree (N.J.S.A. 2C:35-5) · Heroin/coca leaves — under 1/2 oz: crime of the third degree (N.J.S.A. 2C:35-5) · Schedule I/II narcotic (other) — 1 oz or more: crime of the second degree (N.J.S.A. 2C:35-5) · Schedule I/II narcotic (other) — under 1 oz: crime of the third degree (N.J.S.A. 2C:35-5) · LSD/PCP large quantity: crime of the first degree (N.J.S.A. 2C:35-5) · LSD/PCP smaller quantity: crime of the second degree (N.J.S.A. 2C:35-5) · Methamphetamine/P2P — 5 oz or more: crime of the first degree (N.J.S.A. 2C:35-5) · Methamphetamine/P2P — 1/2 oz to <5 oz: crime of the second degree (N.J.S.A. 2C:35-5) · Methamphetamine/P2P — under 1/2 oz: crime of the third degree (N.J.S.A. 2C:35-5) · Marijuana/hashish large quantity: crime of the first degree (N.J.S.A. 2C:35-5) · Marijuana/hashish mid quantity: crime of the second degree (N.J.S.A. 2C:35-5) · Marijuana/hashish smaller quantity: crime of the third degree (N.J.S.A. 2C:35-5) · Marijuana/hashish small quantity (fourth degree, repeat offense): crime of the fourth degree (N.J.S.A. 2C:35-5) · Other Schedule I-IV substances: crime of the third degree (N.J.S.A. 2C:35-5) · Schedule V substance: crime of the fourth degree (N.J.S.A. 2C:35-5)

Which New Jersey statute covers manufacturing, distributing or dispensing?

Manufacturing, distributing or dispensing is governed by N.J.S.A. 2C:35-5 (Manufacturing, distributing or dispensing).

What degree of offense is manufacturing, etc. flunitrazepam; penalties in New Jersey?

It depends on the circumstances: manufacturing, etc. flunitrazepam; penalties ranges from a crime of the second degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:35-5.3.

Flunitrazepam - one gram or more: crime of the first degree (N.J.S.A. 2C:35-5.3) · Flunitrazepam - less than one gram: crime of the second degree (N.J.S.A. 2C:35-5.3)

What degree of offense is obtaining, possessing synthetic cannabinoid; degree of crime in New Jersey?

It depends on the circumstances: obtaining, possessing synthetic cannabinoid; degree of crime ranges from a crime of the fourth degree to a crime of the third degree in New Jersey under N.J.S.A. 2C:35-5.3c.

Possession of synthetic cannabinoid — one ounce or more: crime of the third degree (N.J.S.A. 2C:35-5.3c) · Possession of synthetic cannabinoid — less than one ounce: crime of the fourth degree (N.J.S.A. 2C:35-5.3c)

What degree of offense is violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined in New Jersey?

It depends on the circumstances: violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined ranges from a crime of the third degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:35-7.1.

Distribution/possession with intent to distribute near public housing, park, or building: crime of the second degree (N.J.S.A. 2C:35-7.1) · Same offense involving less than one ounce of marijuana: crime of the third degree (N.J.S.A. 2C:35-7.1)

What are the penalties for violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined in New Jersey?

Penalties for violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined in New Jersey depend on how it is classified — from a crime of the third degree up to a crime of the second degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.

Which New Jersey statute covers violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined?

Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined is governed by N.J.S.A. 2C:35-7.1 (Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined).

This reference is informational and is not legal advice.