New Jersey Drug Trafficking Lawyer
Drug Trafficking Charges in New Jersey
Drug trafficking refers to the sale and distribution of large quantities
of illegal drugs. Depending on the circumstances of the case, a drug trafficking
offense may be prosecuted under state or federal statutes.
If you are facing drug trafficking charges, you should contact a New Jersey
drug crime lawyer from Clifford E. Lazzaro, P.C. Our lead attorney is a
former prosecutor with
over 25 years of experience; therefore, you can trust our firm to safeguard your constitutional rights
and even the playing field in a state or federal prosecution.
- Our qualifications speak volumes:
- We practice state & federal criminal defense.
- We have handled thousands of cases.
- Attorney Lazzaro is a former Special Deputy Attorney General.
- We have an active appellate practice.
Manufacturing, Distributing or Dispensing
Under state law, drug trafficking is covered under 2C:35-5 Manufacturing,
Distributing or Dispensing. Under this section, it is illegal to:
-
Manufacture, distribute or dispense, or to
possess a controlled substance with the intention of manufacturing, distributing
or dispensing, a controlled substance; or
- To create, distribute, possess, or have under one's control with the
intent to distribute a counterfeit controlled substance.
- Drug trafficking charges commonly relate to:
- Heroin
- Cocaine
- Marijuana
Penalties for Drug Trafficking
- The penalties for trafficking vary depending on the type of drug and the
quantity. Some of the penalties for trafficking (distribution) include:
-
Under Section 2C:35-5b(1), distributing or possessing with intent to distribute
five (5) ounces or more of heroin,
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, except that the substances shall not include decocainized coca
leaves or extractions which do not contain cocaine or ecogine, or or 3,4-methylenedioxymethamphetamine
or 3,4-methylenedioxyamphetamine, is a crime of the first degree, punishable by imprisonment between 10
and 20 years with a period of parole ineligibility under Brimmage and
a fine up to a $500,000.
-
Under Section 2C:35-5b(2), asubstance referred to paragraph (1) of this subsection in a quantity of one-half once or more, but less than five ounces, is a
crime of the second degree, punishable by imprisonment between 5 and 10
years with a period of parole ineligibility under Brimmage and a fine
up to $150,000.00.
-
Under Section 2C:35-5b(3), asubstance referred to paragraph (1) of this subsection in a quantity less
than one-half ounce including any adulterants or dilutants is a crime
of the third degree except that, notwithstanding the provisions of subsection
b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;
- Under Section 2C:35-5b(4), a substance classified as a narcotic drug in
Schedule I or II other than those specifically covered in this section,
or the analog of any such substance, in a quantity of one ounce or more
including any adulterants or dilutants is a crime of the second degree;
- Under Section 2C:35-5b(5), a substance classified as a narcotic drug in
Schedule I or II other than those specifically covered in this section,
or the analog of any such substance, in a quantity of less than one ounce
including any adulterants or dilutants is a crime of the third degree
except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3,
a fine of up to $75,000.00 may be imposed;
- Under Section 2C:35-5b(6), lysergic acid diethylamide, or its analog, in
a quantity of 100 milligrams or more including any adulterants or dilutants,
or phencyclidine, or its analog, in a quantity of 10 grams or more including
any adulterants or dilutants, is a crime of the first degree. Except as
provided in N.J.S.2C:35-12, the court shall impose a term of imprisonment
which shall include the imposition of a minimum term, fixed at, or between,
one-third and one-half of the sentence imposed by the court, during which
the defendant shall be ineligible for parole. Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed;
- Under Section 2C35-5b(7), lysergic acid diethylamide, or its analog, in
a quantity of less than 100 milligrams including any adulterants or dilutants,
or where the amount is undetermined, or phencyclidine, or its analog,
in a quantity of less than 10 grams including any adulterants or dilutants,
or where the amount is undetermined, is a crime of the second degree;
- Under Section 2C35-5b(8), methamphetamine, or its analog, or phenyl-2-propanone
(P2P), in a quantity of five ounces or more including any adulterants
or dilutants is a crime of the first degree. Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed;
- Under Section 2C35-5b (9) (a) 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 dilutants is guilty of a crime of the second degree;
- (b) methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity
of less than one-half ounce including any adulterants or dilutants is
a crime of the third degree except that notwithstanding the provisions
of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;
- Under Section 2C35-5b(10)(a), marijuana in a quantity of 25 pounds or more
including any adulterants or dilutants, or 50 or more marijuana plants,
regardless of weight, or hashish in a quantity of five pounds or more
including any adulterants or dilutants, is a crime of the first degree.
Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine
of up to $300,000.00 may be imposed;
- (b) 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, is a crime of the second degree;
- Under Section 2C35-5b(11), 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, is a crime of the third degree except that,
notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine
of up to $25,000.00 may be imposed;
- Under Section 2C35-5b(12), 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, is a crime of
the fourth degree;
- Under Section 2C35-5b (13), any other controlled dangerous substance classified
in Schedule I, II, III or IV, or its analog, is guilty of a crime of the
third degree, except that, notwithstanding the provisions of subsection
b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
- Under Section 2C35-5b(14), any Schedule V substance, or its analog, is
guilty of a crime of the fourth degree except that, notwithstanding the
provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00
may be imposed.
- Under Section 2C35-5c, where the degree of the offense for violation of
this section depends on the quantity of the substance, the quantity involved
shall be determined by the trier of fact. Where the indictment or accusation
so provides, the quantity involved in individual acts of manufacturing,
distribution, dispensing or possessing with intent to distribute may be
aggregated in determining the grade of the offense, whether distribution
or dispensing is to the same person or several persons, provided that
each individual act of manufacturing, distribution, dispensing or possession
with intent to distribute was committed within the applicable statute
of limitations.
Speak With a Qualified New Jersey Drug Crime Attorney
Quantity counts: the more heroin, cocaine, or marijuana in your possession,
the greater your chances of being charged with possession with the intent
to distribute, or worse, with federal drug trafficking charges.
In our experience, state and federal prosecutors focus criminal investigations
on drug distribution, weapons, money laundering and racketeering involving
Columbian, Dominican, Jamaican, or Mexican drug trafficking cartels (organizations)
and street gangs (Bloods, Crips,etc.). The criminal justice system also
focuses it's resources on substance abusers (drug addicts). The court
system is overloaded with individuals charged with controlled substance
possessory offenses and drug distribution offenses.
Many of theses cases are screened by prosecutors who determine whether
of not it is appropriate to downgrade charges and remand (refer) to Municipal
Court or to divert to Drug Court on the Superior Court level. What is
now very beneficial when a case is diverted to Drug Court in New Jersey
is that treatment can address and cure the addiction and the underlying
criminal felony (indictable) charges are, thereafter, dismissed upon successful
completion of drug court. This is a recent change in New Jersey law to
offer the hope of future employment for those charged with felony offenses.
This criminal background is wiped clean through successful completion
of Drug Court.
Diversion from normal prosecution on certain indictable offenses involving
drugs and other criminal offenses is also possible through successful
completion of Pre-Trial Intervention program (PTI). On a Municipal Court
level involving drug offenses, diversion from prosecution is also possible
through a Conditional Discharge (CD) Program. It is important to remember
that compliance with the terms and conditions of the various diversionary
treatment programs is essential for successful completion. There are drug
and alcohol evaluations (TASC) which make findings and recommend specific
treatment programs which are monitored by probation officers of the superior
Court. This means attending substance abuse programs, urine monitoring, etc.
Contact us today by calling (888) 480-2252 to schedule a free consultation!