2C:35-5b Manufacturing, distributing or dispensing
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 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 $500,000.00 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 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
$75,000.00 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 $75,000.00 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 $500,000.00 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 $300,000.00 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 $75,000.00 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 $300,000.00 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) 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 $25,000.00 may be imposed;
(12) 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;
(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 $25,000.00 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 $25,000.00 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. 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.
L.1987, c.106, s.1; amended 1988, c.44, s.2; 1997, c.181, s.3; 1997, c.186, s.3; 2000, c.55; 2000, c.136.
