Ecstasy - A criminal offense in New Jersey
According to New Jersey Police Departments, Ecstasy is a slang name for the chemical substance methylene dioxy methamphetamine, or MDMA, that combines a powerful stimulant with a hallucinogen. MDMA is chemically similar to the synthetic stimulant methamphetamine. Street "Ecstasy" could contain just about anything. It is generally manufactured in clandestine labs by criminal drug dealers, not chemists. Ecstasy usually comes in tablets, which have been found to contain anywhere from 0-50% MDMA. The most common non-MDMA ingredients in "Ecstasy" are aspirin, caffeine, and other over-the-counter medications. One of the most dangerous additives commonly found in "Ecstasy" is DXM (dextromethorphan,) a cough suppressant. In the doses usually found in fake Ecstasy, 13 to 14 times the amount found in cough syrup, DXM can cause hallucinations. DXM inhibits sweating, so it can cause heatstroke and death. Another dangerous adulterant in so-called Ecstasy is PMA (paramethoxyamphetamine), an illegal drug that is a potent hallucinogen. Like MDMA, PMA causes an elevation in body temperature, but at an even more drastic rate. Ecstasy tablets may be any color, and are generally embossed with a logo or design such as a butterfly, heart, lightning bolt, star, clover, or Zodiac sign. Ecstasy is sometimes found in powder or in capsules.
Penalties for Possession of Indictable Drugs in New Jersey- Possession of a Schedule I Narcotic
There are a number of viable defenses and arguments which can be pursued to achieve a successful result for someone charged with possession of Ecstasy or other Narcotics (CDS). Advocacy, commitment, and persistence are essential to defending a client accused of involvement with Narcotics. In New Jersey, there are drug laws which established Schedules of illegal drugs. Schedule I drugs are among the most serious. New Jersey does not call serious drug offense "felonies". They are called "crimes . New Jersey Statute 2C:35-10 makes it illegal to possess illegal drugs:
2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L. 1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, 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 $35,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in Schedule V, 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 $15,000.00 may be imposed;
(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish 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 $25,000.00 may be imposed; or
(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
2C:43-1. Degrees of crimes 2C:43-1. Degrees of Crimes. a. Crimes defined by this code are classified, for the purpose of sentence, into four degrees, as follows:
(1) Crimes of the first degree;
(2) Crimes of the second degree;
(3) Crimes of the third degree; and
(4) Crimes of the fourth degree.
A crime is of the first, second, third or fourth degree when it is so designated by the code. An offense, declared to be a crime, without specification of degree, is of the fourth degree.
b. Notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a high misdemeanor shall constitute for the purpose of sentence a crime of the third degree. Except as provided in sections 2C:1-4c. and 2C:1-5b. and notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a misdemeanor shall constitute for the purpose of sentence a crime of the fourth degree.
Possible Jail and other Penalties
2C:43-2 Sentence in accordance with code; authorized dispositions. a. Except as otherwise provided by this code, all persons convicted of an offense or offenses shall be sentenced in accordance with this chapter.
b. Except as provided in subsection a. of this section and subject to the applicable provisions of the code, the court may suspend the imposition of sentence on a person who has been convicted of an offense, or may sentence him as follows:
(1)To pay a fine or make restitution authorized by N.J.S. 2C:43-3 or P.L. 1997, c.253 (C. 2C:43-3.4 et al.); or
(2)Except as provided in subsection g. of this section, to be placed on probation and, in the case of a person convicted of a crime, to imprisonment for a term fixed by the court not exceeding 364 days to be served as a condition of probation, or in the case of a person convicted of a disorderly persons offense, to imprisonment for a term fixed by the court not exceeding 90 days to be served as a condition of probation; or
(3)To imprisonment for a term authorized by sections 2C:11-3, 2C:43-5, 2C:43-6, 2C:43-7, and 2C:43-8 or 2C:44-5; or
(4)To pay a fine, make restitution and probation, or fine, restitution and imprisonment; or
(5)To release under supervision in the community or to require the performance of community-related service; or
(6)To a halfway house or other residential facility in the community, including agencies which are not operated by the Department of Human Services; or
(7)To imprisonment at night or on weekends with liberty to work or to participate in training or educational programs.
c. Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any person convicted of a crime, disorderly persons offense, or petty disorderly persons offense in the course of which a motor vehicle was used. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the severity of the crime or offense and the potential effect of the loss of driving privileges on the person's ability to be rehabilitated. Any postponement, suspension, or revocation shall be imposed consecutively with any custodial sentence.
d. This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.
e. The court shall state on the record the reasons for imposing the sentence, including its findings pursuant to the criteria for withholding or imposing imprisonment or fines under sections 2C:44-1 to 2C:44-3, where imprisonment is imposed, consideration of the defendant's eligibility for release under the law governing parole and the factual basis supporting its findings of particular aggravating or mitigating factors affecting sentence.
f. The court shall explain the parole laws as they apply to the sentence and shall state:
(1)the approximate period of time in years and months the defendant will serve in custody before parole eligibility;
(2)the jail credits or the amount of time the defendant has already served;
(3)that the defendant may be entitled to good time and work credits; and
(4)that the defendant may be eligible for participation in the Intensive Supervision Program.
g. Notwithstanding the provisions of paragraph (2) of subsection b. of this section, a court imposing sentence on a defendant who has been convicted of any offense enumerated in subsection a. of section 2 of P.L. 1994, c.130 (C. 2C:43-6.4) may not sentence the defendant to be placed on probation.
Amended 1979, c.178, s.82; 1981, c.269, s.2; 1983, c.124, s.1; 1987, c.106, s.9; 1994, c.155; 1997, c.253, s.1;
2C:43-3.5 Additional penalty for certain offenses.
1. a. In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S. 2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S. 2C: 36A-1 for a violation of any offense defined in chapter 35 or 36 of Title 2C of the New Jersey Statutes, each participant shall be assessed a penalty of $50 for each adjudication or conviction.
b. All penalties provided by this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L. 1979, c.396 (C. 2C: 46-4) and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section.
c. All monies collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited in the " Drug Abuse Education Fund" established pursuant to section 1 of P.L. 1999, c.12 (C. 54A :9-25.12).
d. Monies in the fund shall be appropriated by the Legislature on an annual basis in the manner and for the purposes prescribed by section 2 of P.L. 1999, c.12 (C. 54A :9-25.13).
2C:43-5. Young adult offenders Any person who, at the time of sentencing, is less than 26 years of age and who has been convicted of a crime may be sentenced to an indeterminate term at the Youth Correctional Institution Complex, in accordance with R.S. 30:4-146 et seq., in the case of men, and to the Correctional Institution for Women, in accordance with R.S. 30:4-153 et seq., in the case of women, instead of the sentences otherwise authorized by the code. This section shall not apply to any person less than 26 years of age at the time of sentencing who qualifies for a mandatory minimum term of imprisonment without eligibility for parole, pursuant to subsection c. of N.J.S. 2C:43-6; however, notwithstanding the provisions of subsection c. of N.J.S. 2C:43-6, the mandatory minimum term may be served at the Youth Correctional Institution Complex or the Correctional Institution for Women.
