New Jersey Section 2C:35-5.11 – Drug enforcement and demand reduction penalty doubled for certain offenses.

New Jersey Doubles Down on Drug Penalties for Repeat Offenders

New Jersey has some of the strictest drug laws in the country. The state recently enacted a law to double down on penalties for repeat drug offenders. Let’s take a look at what this law does, who it impacts, and the debate around harsher drug penalties.

What is Section 2C:35-5.11?

Section 2C:35-5.11 is an amendment to New Jersey’s criminal code that doubles penalties for certain repeat drug offenders. This section is known as the “Drug Enforcement and Demand Reduction Act.” It was passed in 1999 to crack down on drug crimes.

Specifically, 2C:35-5.11 doubles fines and prison sentences for people convicted of manufacturing, distributing, dispensing, or possessing drugs with intent to distribute – if they have a previous conviction for one of those crimes.

For example, manufacturing or dealing heroin is normally a first degree crime with 10-20 years in prison. Under 2C:35-5.11, the same crime becomes a first degree crime with 20-40 years for someone with a prior drug distribution conviction. The fines double too, from a maximum of $200,000 to $400,000.

Who Does This Law Impact?

Section 2C:35-5.11 targets repeat drug offenders. If you have a prior conviction for distributing drugs, your penalties will double for any subsequent offense.

The law applies to a wide range of drugs including heroin, cocaine, methamphetamine, prescription opioids, marijuana, and others. It also applies no matter the amount of drugs involved. Whether you were caught with 5 pounds of cocaine or 5 grams, your penalties double if you have a prior distribution conviction.

Critics argue these doubled penalties fall disproportionately on low-level drug dealers and addicts who sell to support their own habit. Kingpin drug traffickers are often able to insulate themselves from prosecution. So doubling penalties impacts street-level dealers more.

What’s the Rationale Behind 2C:35-5.11?

Supporters of 2C:35-5.11 argue that doubling penalties for repeat drug offenders will help curb drug abuse. The logic is that harsher punishments serve as a stronger deterrent to dealing drugs again after an initial conviction.

The goal is to reduce both drug supply and demand. Longer prison sentences take dealers off the streets and make drugs less available. In theory, higher penalties also dissuade people from ever trying to deal.

Critics counter that harsh penalties have done little to reduce drug abuse over the past 40 years. Addiction is a public health issue as much as a criminal one, and should be treated as such. Many also view the law as overly punitive towards low-level offenders who need treatment more than prison.

What Legal Defenses Can Be Used Against 2C:35-5.11?

Because 2C:35-5.11 significantly escalates penalties, defendants have a strong incentive to fight the charges. Here are some legal defenses that experienced criminal lawyers may use:

• Illegal search and seizure – If the police violated your 4th Amendment rights, evidence may be suppressed. This could get the whole case dismissed.
• Entrapment – Undercover cops can’t induce you to commit a crime you wouldn’t otherwise commit. This is entrapment.
• Misidentification – If the police confuse you with someone else with a record, this “prior” offense wouldn’t count.
• Not your drugs – You can argue the drugs belonged to someone else (e.g. a spouse or roommate) without your knowledge.
• Plea bargain – Plead guilty to a lesser offense without the repeat offender enhancement.
• Treatment program – Judges have discretion to order treatment instead of prison if you have substance abuse issues.

An experienced criminal defense lawyer will thoroughly analyze the facts of your case to craft the strongest defense strategy possible. This is critical when facing 2C:35-5.11’s doubled penalties. Don’t go it alone.