Possession with the Intent to Manufacture, Distribute, or Dispense Near School or Other Types of Public Property 2C:35-7 & 2C:35-7.1
An act to distribute a controlled dangerous substance or its analog on or within 1,000 feet of school property, and on or within 500 feet of certain types of public property, may be charged as a crime of the second or third degree. The act is a crime of the second degree unless it involves less than one ounce of marijuana. Then it is a crime of the third degree. The word “analog” here means something similar, such as a substance that has the properties of a controlled dangerous substance.
It is not a defense if the person accused of distributing the substance did not know that the property was a school or public property. It is also not a defense that the school was not in session, there were no juveniles at the school or school property, or the public property was unoccupied. Acts on or near school property includes acts that occur on a school bus or on or near property leased by a school or school board. Public property includes public housing facilities, public parks, and public buildings. Public housing facilities are dwellings owned by or leased to local housing authorities. Public parks are parks, recreation facilities, or playgrounds owned or controlled by state, county, or local governments. Public buildings are publicly owned or leased libraries and museums.
The maximum term of imprisonment for a crime of the second degree is up to 5 to 10 years in prison. The maximum term of imprisonment for a crime of the third degree is up to 3 to 5 years in prison.
When the violation involves less than one ounce of marijuana, the term of imprisonment will include the imposition of a minimum term fixed at or between one-third and one-half of the sentence imposed, or one year, whichever is greater. During this time, the defendant will not be eligible for parole. In all other cases, the term of imprisonment will include the imposition of a minimum term fixed at or between one-third and one-half of the sentence imposed, or three years, whichever is greater. During this time, the defendant will not be eligible for parole. If the offense occurred on or near school property, the court may waive or reduce the minimum term of parole ineligibility, or place the defendant on probation.
The maximum fines for these types of crimes are higher than for offenses that do not concern controlled dangerous substances. They may be up to $150,000 for crimes of the second and third degrees. Convictions for these types of crimes will not merge with convictions for manufacturing, distributing, or dispensing controlled dangerous substances, or employing a juvenile in a drug distribution scheme.
The controlled dangerous substances 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 weight of the substances includes the weight of added adulterants and dilutants.
