New Jersey Laws and Programs

[Page 573]New Jersey has some of the toughest laws in the United States on drug use, possession, and distribution. Those convicted face the risk of fines, license suspension, incarceration, and a criminal record. The penalties vary by the type and amount of drugs, as well as the intentions of the offender. In the New Jersey Criminal Code, charges include possession, possession with intent to distribute, distribution, trafficking, or drug paraphernalia, manufacturing, dispensing, and being under the influence of drugs. In addition, certain drugs, no matter the amount found (such as heroin, crack, and methamphetamine), are punished more harshly because they are more dangerous.

Punishments in New Jersey have become more severe over the years, especially for those who manufacture illegal drugs. There are now also stiffer penalties for distributing drugs to a minor, and for distributing to a pregnant female. Forfeiture provisions for motor vehicles have been implemented for any vehicle where a controlled dangerous substance (CDS) is found, no matter how small the amount. In addition, designer drugs, like ecstasy, have been added to the list. Strict liability for drug-induced deaths have been implemented, and stiffer penalties have been instituted for the possession of drug paraphernalia such as pipes and sifters.

In 1987 the New Jersey Comprehensive Drug Reform Act became law; it was amended most recently in 1988. The act attempted to ensure consistency in punishment, and created new offenses and increased the penalties for some existing offenses. Every defendant convicted of any drug offense (and even those who are placed in alternative settings such as drug diversionary programs) is required to pay a mandatory $50 laboratory charge. An additional penalty can range from $500 to $3,000. Further, all drug offenses were transferred into the Code of Criminal Justice.

Laws and Penalties

Possession of marijuana is one of the most common drug offenses committed in New Jersey. Penalties for the use or possession of marijuana with intent to distribute can range from zero to 10 years in jail and a fine of $750 to $100,000. For simple possession, use, or being under the influence of marijuana, the penalties range from zero to 18 months in jail and a fine of $500 to $15,000. If one is caught growing marijuana, the penalty can range from a mandatory fine of $500 to $1,000, a six-month jail sentence, and the loss of driving privileges for six months to two years.

This poster promotes New Jersey's Drug Free School Zone policies, which increase penalties for drug offenses near schools.

Penalties for possession, use, or being under the influence of cocaine range from three to five years in jail and a fine of $1,000 to $25,000. Penalties for the use or possession of cocaine with intent to distribute can range from three to 20 years in jail (with a three-to-five-year mandatory sentence with no parole if the amount exceeds five ounces), and fines of $1,000 to $300,000.

LSD and psilocybin crimes result in three to five years of incarceration and a fine of $2,000 to $300,000 for use or possession. For heroin or coca [Page 574]leaf (or its derivatives), or 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, in a quantity of five ounces or more, the crime is one of the first degree. Imprisonment includes a minimum term without eligibility for parole, as well as a fine up to $500,000. Lesser quantities (one-half ounce to less than five ounces) are considered crimes of the second degree, and quantities less than one-half ounce, are third-degree crimes, subject to a fine up to $75,000. Use or possession of speed, with intent to distribute, can lead to three to 10 years in jail and a fine of $1,000 to $100,000. New Jersey has similarly strict punishments for manufacturing or illegally possessing the sedative flunitrazepam (Rohypnol) or GHB.

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