Keep in mind that it is a crime simply to possess illicit drugs in every state (even though some states permit the cultivation, sale, and possession of cannabis), all states charge the distribution of drugs much more harshly. The term distribution can refer to trafficking large amounts of drugs across state lines or national borders, transporting drugs from a safe house to the point of sale, or selling directly to buyers. In New Jersey, as in other states, you can even be charged with drug distribution merely for your intent. For example, the evidence used against you as proof of intent to distribute may include a digital scale, large amounts of baggies, lists of retail distributors (“street-level dealers”), or other evidence. To learn more, continue reading and give our skilled Bergen County drug possession defense attorney a call. We are on your side no matter what you are facing. We are just one call away.
What are the basics of New Jersey’s drug distribution laws?
What is the statutory definition of the offense?
In the state of New Jersey, it is illegal for any person knowingly or purposely:
- To manufacture, distribute or dispense, or to possess or have under his control with intent to distribute or dispense, or manufacture, a controlled dangerous substance or controlled substance analog; or
- To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
What are the different types of crime classifications?
Drug distribution offenses are categorized according to the kind of substance and the amounts distributed (either actual or intended), including the weight of any contaminants or dilutants.
Heroin or Cocaine
- 5 oz. or more: 1st-degree crime
- 1/2 oz. – 5 oz.: 2nd-degree crime
- Less than 1/2 oz.: 3rd-degree crime
Schedule I or II Narcotic (excluding heroin or cocaine)
- 1 oz. or more: 2nd-degree crime
- Less than 1 oz.: 3rd-degree crime
Lysergic Acid Diethylamide (LSD)
- Less than 100 milligrams (or where the amount is undetermined): 2nd-degree crime
Methamphetamine - 5 oz. or more: 1st-degree crime
- 1/2 oz. – 5 oz.: 2nd-degree crime
- Less than 1/2 oz.: 3rd-degree crime
Marijuana
- 25 lbs. or more, 50 or more plants, or more than 5 lbs. of hashish/concentrate: 1st-degree crime
- 5 lbs. – 25 lbs., 10-50 plants, 1 lb. to 5 lbs. of hashish/concentrate: 2nd-degree crime
- 1 oz. – 5 lbs., 5 g. – 1 lb. hashish/concentrate: 3rd-degree crime
- Less than 1 oz., less than 5 g. of hashish/concentrate: 4th-degree crime
If you were charged with any of the above-mentioned charges, do not hesitate to reach out to our firm today to speak with our skilled Bergen County criminal defense attorney.
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