What are the Criminal Charges for Manufacturing, Distributing, or Dispensing a Controlled Dangerous Substance?
Manufacturing, distributing, or dispensing a controlled dangerous substance (CDS) (N.J.S.A. 2C:35-5 ) in New Jersey is a severe crime with crushing penalties. Someone facing this charge can receive very heavy fines and serious prison time. This is not a charge that should be taken lightly or relegated to an afterthought. You should retain legal counsel, like those at Villani & DeLuca, P.C., immediately following a charge of this nature.
What is Manufacturing, Distributing, or Dispensing a Controlled Dangerous substance (CDS) N.J.S.A. 2C:35-5 ?
Statute N.J.S.A. 2C:35-5 forbids not only the manufacture, distribution, and dispensing of a controlled dangerous substance, it also forbids possession with the intent to distribute. While this may not seem to be very important, it can have huge consequences. For instance, someone is caught smoking marijuana near a school zone in Toms River. This person has never sold a drug and does not ever plan to. But, when searched by the Toms River Police, 5 small, sealable bags with marijuana are found on the person. While this may simply be the 5 bags the person bought the marijuana in, a Toms River police officer may charge the man with intent to distribute. Based on the Toms River police officer’s training and experience they may believe that having multiple bags of a drug is common to those with intent to sell.
What is a Controlled Dangerous Substance in New Jersey?
A controlled dangerous substance is something regulated by the Federal or State government in order to effectively balance legitimate medical purposes and addiction/abuse. All common drugs are placed in a certain category, or “scheduled,” according to these properties.
What Does Manufacturing, Distributing, or Dispensing (N.J.S.A. 2C:35-2) Mean?
These words have very broad and wide-ranging definitions in New Jersey’s statutes. They are designed to be interpreted broadly in order to make the prosecution easier. The mere handling of a controlled dangerous substance may warrant this charge, even if you had no true intent to manufacture, distribute, or dispense it. The manufacturing of a drug could be anything from growing pot in your back yard to producing meth in a backyard lab. It’s the production of the drug by any means including growing, converting via a chemical process or extracting the chemical agent which provides the high. Whatever method is used, the end result is considered to be a controlled and dangerous substance. Once the drugs are produced they are then dispensed for sale. The Dispensing of the CDS is done after the drugs have been manufactured. The CDS will then be provided to the person who will be distributing the drugs.
What are the Penalties?
The penalties for any drug-related crime in New Jersey are very harsh. For this particular offense, the penalties are determined by the quantity and type of controlled dangerous substance. The spectrum of penalties is extremely diverse, as some offenses may be charged as a 1st degree crime and others as a 4th degree crime. The difference in fines you may receive is also significant, ranging from $25,000 to as high as $500,000.
What to do if Charged With Manufacturing, Distributing, or Dispensing?
If you are charged with manufacturing, distributing, or dispensing a controlled dangerous substance in New Jersey, seek legal counsel immediately. These charges can have permanent effects on your life. Call Villani & DeLuca, P.C. for a free consultation.
At Villani & DeLuca, P.C., our attorneys have over 100 years combined experience helping clients settle drug related cases. Call us at 732-800-7740 today for a FREE consultation.