South Jersey Laws
Manufacturing, Distributing or Dispensing Drugs
New Jersey Statute Annotated-2C: 35-5: Manufacturing, distributing or dispensing a Controlled Dangerous Substance


It is a crime for anyone to knowingly or purposely:

  • Manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
  • Create, distribute, or possess or have under his control, with intent to distribute, a counterfeit controlled dangerous substance.


First degree crime
This is a crime of the first degree when it involves:

  • Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs;
    • (but not decocainized coca leaves or extractions which do not contain cocaine or ecogine);
  • In a quantity of five ounces or more, including any adulterants or dilutants;
OR
  • 100 milligrams or more LSD (or its analog), including any adulterants or dilutants; or
  • Phencyclidine, or its analog, in a quantity of 10 grams or more, including any adulterants or dilutants;
  • Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of five ounces or more including any adulterants or dilutants;
  • Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or more than 50 marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants.

First degree crimes are punishable by:
  • Imprisonment for ten to twenty years;
  • A fine of up to $500,000; or
  • Both.
The minimum term of imprisonment with parole ineligibility must be between one-third and one-half of the sentence imposed.

Second degree crime
This is a crime of the second degree when it involves:

  • Heroin or cocaine in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants; or
  • A Schedule I or II narcotic drug, or the analog of any such substance, in a quantity of one ounce or more, including any adulterants or dilutants; or
  • Less than 100 milligrams of LSD (or its analog), including any adulterants or dilutants; or
  • Phencyclidine, or its analog, in a quantity of less than 10 grams, including any adulterants or dilutants;
  • Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutant;
  • Marijuana in a quantity of five pounds or more but less than 25 pounds, including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants.

Second degree crimes are punishable by:
  • Imprisonment for five to ten years;
  • A fine of up to $150,000; or
  • Both.

Third degree crime
This constitutes a crime of the third degree when it involves:

  • Heroin or cocaine in a quantity of less than one-half ounce, including any adulterants or dilutants; or
  • A Schedule I or II narcotic drug, or the analog of any such substance, in a quantity of less than one ounce, including any adulterants or dilutants;
  • Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of less than one-half ounce, including any adulterants or dilutants;
  • Marijuana in a quantity of one ounce or more but less than five pounds, including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound, including any adulterants or dilutants;
  • Any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog.

Third degree crimes are punishable by:
  • Imprisonment for three to five years;
  • A fine of up to $75,000; or
  • Both.

Fourth degree crime
This constitutes a crime of the fourth degree when it involves:

  • Marijuana in a quantity of less than one ounce, including any adulterants or dilutants, or hashish in a quantity of less than five grams, including any adulterants or dilutants;
  • Any Schedule V substance, or its analog.

Fourth degree crimes are punishable by:
  • Imprisonment for up to eighteen months;
  • A fine of up to $10,000; or
  • Both.
View Laws By County