2C:35-4. Maintaining or operating a controlled dangerous substance production facility
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.
Amended 1988, c.44, s.1; 1997, c.181, s.2; 1997, c.186, s.2; 1999, c.133, s.2.
