2C:35-5
. 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 c overed 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.
