Manufacturing, Distributing, or Dispensing 2C:35-5
It is unlawful for a person to knowingly or purposely manufacture, distribute, or dispense a controlled dangerous substance or controlled dangerous substance analog. The word “analog” here means something similar, such as a substance that has the properties of a controlled dangerous substance.
It is further unlawful for a person to create, distribute, or dispense, or to have under their control with intent to distribute, a counterfeit controlled dangerous substance.
When the controlled dangerous substance consists of 5 ounces or more of heroin; is derived from coca leaves; is 3,4-methylenedioxymethamphetamine; or is 3,4-methylenedioxyamphetamine, or an analog of any of these, then the crime is one of the first degree. The maximum penalty for a first degree crime varies, but here may be between 10 and 20 years in prison. With regard to this particular offense, the term of imprisonment includes the imposition of a minimum term which is fixed at, or between one-third and one-half of the sentence imposed. During this time, the person who has been sentenced is ineligible for parole. The maximum fine for this particular offense may be up to $500,000.
When the controlled dangerous substance consists of a quantity between one-half ounce and less than five ounces of one of the substances above, the crime is one of the second degree. The maximum penalty for a second degree crime is up to 5 to 10 years in prison. The maximum fine for this particular offense may be up to $150,000.
When the controlled dangerous substance consists of a quantity less than one-half ounce of one of the substances above, the crime is one of the third degree. The maximum penalty for a third degree crime is up to 3 to 5 years in prison. The maximum fine for this particular offense is $75,000.
This statute covers a wide range of other controlled dangerous substances, including narcotic drugs classified in Schedules I, II, III, IV and V; lysergic acid diethylamide (LSD); methamphetamine; phenyl-2-propanone (P2P); marijuana; and their analogs. Manufacturing, distributing, or dispensing these substances can be a first, second, third, or fourth degree crime, depending on the amount of the substance. The amounts that bring the offense up to a certain degree vary depending on the substance. The maximum fine for a crime of the fourth degree under this statute is $25,000. The provision regarding ineligibility for parole for a set period applies to penalties for other drugs, but only to the sentence for crimes of the first degree. There are varying maximum fines for the different types of substances, especially with respect to marijuana. The provisions covering marijuana covers processed marijuana, marijuana plants, and hashish. The weight of the substances includes the weight of added adulterants and dilutants.
In an indictment or accusation, a prosecutor may aggregate, or total, the quantity of substances that are the subject of multiple acts. This allows them to charge a higher degree of crime. Each of the acts that are aggregated must have occurred during the applicable statute of limitations.
