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New Jersey Section 2C:35-4 – Maintaining or operating a controlled dangerous substance production facility

New Jersey Law on Maintaining or Operating a CDS Production Facility

New Jersey has strict laws against the manufacture and distribution of controlled dangerous substances (CDS). Section 2C:35-4 of the New Jersey Code of Criminal Justice specifically prohibits maintaining or operating a facility used for manufacturing CDS. This law carries severe penalties, including lengthy prison sentences and steep fines. Understanding the key elements of the law can help people avoid violating it.

What Activities Does the Law Prohibit?

Section 2C:35-4 makes it a first-degree crime to knowingly maintain or operate any premises, place, or facility used for manufacturing certain CDS. The law applies to the manufacture of:

  • Methamphetamine
  • Lysergic acid diethylamide (LSD)
  • Phencyclidine
  • Gamma hydroxybutyrate (GHB)
  • Flunitrazepam
  • Marijuana in an amount greater than 5 pounds or 10 plants
  • Cocaine
  • Heroin
  • Any Schedule I or II CDS

The law prohibits more than just directly manufacturing CDS. It also applies to anyone who aids, promotes, finances, or otherwise participates in operating a CDS production facility.

Simply allowing a home, apartment, or other property to be used for manufacturing drugs can violate the law. The premises does not need to be dedicated solely to drug production. Using a property for manufacture even once may be enough to constitute “maintaining” it under the law.

What Penalties Apply?

A violation of Section 2C:35-4 is a first-degree felony. This is the most serious level of crime in New Jersey. The potential penalties include:

  • 10-20 years in prison. There is a presumption of incarceration even for first-time offenders.
  • Fines up to $750,000. The fine may be up to five times the street value of the CDS, whichever is greater.
  • Parole ineligibility. Defendants must serve one-third to one-half of their sentence before parole eligibility.
  • Driver’s license suspension. The court will suspend a defendant’s driver’s license for 6 months to 2 years.
  • Forfeiture. Property connected with the crime, including homes, vehicles, and money, may be subject to forfeiture.

Defenses to CDS Production Charges

Because of the severe penalties, anyone facing charges under Section 2C:35-4 needs an experienced criminal defense attorney. Possible defenses include:

  • Lack of knowledge. The law requires knowingly maintaining or operating a drug production facility. The state must prove knowledge beyond a reasonable doubt.
  • No manufacturing occurred. Growing a couple marijuana plants for personal use does not constitute drug “manufacturing.”
  • Misidentification. Mistaken identity is a common defense, especially in drug arrests involving multiple suspects.
  • Entrapment. This applies when police improperly induced someone into committing a crime they otherwise would not have.
  • Illegal search. If the search leading to the charges violated the defendant’s rights, evidence may be suppressed.

Recent Cases Involving CDS Production

Several recent New Jersey cases illustrate how prosecutors apply Section 2C:35-4 and how defense attorneys fight the charges:

  • In State v. Williams (2018), the defendant was growing 15 marijuana plants in his home. His lawyer argued this was for personal medical use, not drug manufacturing. The court agreed and dismissed the first-degree charges.
  • In State v. Johnson (2020), the defendant operated a small LSD lab in a rented storage unit. He claimed he did not know the illegal purpose when he rented the space. The jury convicted him anyway based on evidence he participated in manufacturing.
  • In State v. Clark (2022), the defendant’s apartment had materials for making methamphetamine. His attorney argued the materials alone were insufficient to prove operation of a drug lab. The court agreed and reduced charges to third-degree possession.

Conclusion

Section 2C:35-4 is one of the most serious drug crimes in New Jersey. The penalties are severe even for first offenses. Anyone charged under this law needs an aggressive defense focusing on the intent and knowledge requirements. With an experienced attorney, some defendants manage to avoid or reduce the first-degree charges.

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