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N.J.S.A. 2C:35-5. Manufacture or Distribution of Controlled Dangerous Substances (“CDS”)

N.J.S.A. 2C:35-5 – What’s the Deal with This New Jersey Drug Law?

Yo, listen up New Jersey drug offenders and defense attorneys. We gotta talk about N.J.S.A. 2C:35-5, the New Jersey law that makes it illegal to manufacture or distribute controlled dangerous substances (CDS). This statute can pack a serious punch if you’re charged under it, so let’s break it down.

First up, what exactly is “manufacturing” and “distributing” under this law? Basically, if you’re making, processing, growing, or otherwise producing CDS, you’re manufacturing it. Distributing is delivering, transferring or dispensing CDS. Even possessing a CDS with intent to manufacture or distribute is illegal.

The charges under 2C:35-5 depend on the amount and type of CDS involved. For weed, manufacturing or distributing less than 1 ounce is a 3rd degree crime. Between 1 ounce and 5 pounds bumps it up to a 2nd degree crime. Over 5 pounds is a 1st degree crime with a mandatory minimum 3 year prison sentence. Yikes!

For drugs like heroin, cocaine, meth – manufacturing or distributing less than 5 grams is a 2nd degree crime. Between 5 grams and 5 ounces is a 1st degree crime with a mandatory minimum 3 year prison sentence. Over 5 ounces and you’re looking at a mandatory minimum of 5-10 years in prison. Not cool.

What kinds of defenses work for 2C:35-5 charges? Well, you could try saying you didn’t actually manufacture or distribute the CDS. Maybe you were just holding it for a friend or you had no idea those random pills in your purse were illegal. It’s a long shot, but hey, worth a try.

You could also go after the search itself and try to get any evidence of the CDS thrown out. If the cops didn’t have probable cause or a warrant, anything they found could get tossed. No drugs = no charges. But don’t flush the evidence down the toilet – that’s illegal too!

If you’re facing charges under N.J.S.A 2C:35-5, don’t panic. Call up a New Jersey criminal defense lawyer ASAP. An experienced attorney can poke holes in the prosecutor’s case and negotiate a better plea deal for you. They know all the latest defenses and sentencing loopholes to help you avoid jail time.

Let’s chat about some related New Jersey drug laws too while we’re at it:

  • N.J.S.A. 2C:35-7 – This law makes it illegal to distribute CDS in a school zone. That adds a mandatory 100 to 150 hours of community service to your sentence. Bummer.
  • N.J.S.A. 2C:35-10 – Don’t open a drug manufacturing facility near parks, schools, public housing, or libraries. This “drug free zone” law will enhance any drug manufacturing penalties big time.
  • N.J.S.A. 2C:35-5.1 – Growing weed at home? Don’t go over 10 plants or you could get 3-5 years in prison for operating a marijuana production facility. Harsh!
  • N.J.S.A. 2C:35-4 – Possessing CDS for personal use is illegal too. But penalties are way lower than distributing. Still, better call Saul Goodman instead of carrying that weed in your pocket.

Whew, that’s a lot of drug laws to keep track of! The moral of the story is: don’t manufacture, distribute, or possess controlled dangerous substances in New Jersey…or you’re gonna have a bad time. If you do get caught up in N.J.S.A. 2C:35-5 charges, stay calm and lawyer up. An experienced criminal defense attorney can help you avoid the worst outcomes.

Now you’ve got the low down on this major New Jersey drug law. Stay safe out there folks – and say no to drugs! Unless you wanna take a trip to prison, that is. Peace out!

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