Possession with the Intent to Manufacture, Distribute, or Dispense 2C:35-5
It is unlawful for a person to knowingly or purposely have under their control, or possess, with intent to 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.
The possession of controlled dangerous substances is covered by the same statute that concerns the manufacture, distribution, and dispensation of these substances. When a prosecutor charges a person with possession with the intent to manufacture, distribute, or dispense, they must prove beyond a reasonable doubt that the person possessed the drug and had the intent to do one of these actions. If a prosecutor was to charge a person with manufacturing, distributing, or dispensing, they would have to prove beyond a reasonable doubt that the person engaged in an action that amounted to manufacturing, distributing, or dispensing.
Proving that a person had the intent to do an action requires the prosecutor to do more than show that the person simply possessed the substance. Showing that a person had intent may require a prosecutor to show that the person created documents, made statements, or took actions to plan a manufacture, distribution, or dispensation.
The drugs covered by this statute include heroin; certain substances derived from coca leaves; 3,4-methylenedioxymethamphetamine; 3,4 methylenedioxyamphetamine; narcotic drugs classified in Schedules I, II, III, IV and V; lysergic acid diethylamide (LSD); methamphetamine; phenyl-2-propanone (P2P); marijuana; and their analogs. The provisions covering marijuana covers processed marijuana, marijuana plants, and hashish. The weight of the substances includes the weight of added adulterants and dilutants.
Possession with intent to manufacture, distribute, or dispense 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 terms of imprisonment vary according to the degree of the crime.
There is a special provision regarding ineligibility for parole for crimes of the first degree. This is the imposition of a minimum term 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.
There are varying maximum fines for the different types of substances, especially with respect to marijuana. The maximum fines range between $500,000 for certain crimes of the first degree to $25,000 for certain crimes of the fourth degree. These fines are higher than those that are normally imposed for crimes of the first, second, third, and fourth degrees.
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.
