Chapter 35

Drugs/ Possession/ 
Manufacturing

TITLE STATUTE DEGREE ECDR
Leader of Narcotics Trafficking Network

2C:35-3

1ST

"within the jurisdiction of this court, (1) in a scheme or course of conduct to
unlawfully manufacture, distribute, dispense, bring into or transport in this State (2) , specifically by 
in violation of N.J.S. 2C:35-3 (A First Degree Crime).

(1) a. conspire with two or more other persons as a financier
b. organize, supervise, or manage at least one other person
(2) a. methamphetamine (or its analog)
b. lysergic acid diethylamide (LSD) (or its analog)
c. phencyclidine (PCP) (or its analog)
d. gamma hydroxybutyrate (GHB) (or its analog)
f. flunitrazepam (or its analog)
g. (name of CDS), a Schedule I controlled dangerous substance (or its analog)
h. (name of CDS), a Schedule II controlled dangerous substance (or its analog)"
Maintaining or Operating a Controlled Dangerous Substance Production Facility

2C:35-4

1ST

"within the jurisdiction of this court, knowingly (1) a premises, place or facility used for the manufacture of (2) , specifically by __________ in violation of N.J.S. 2C:35-4 (A First Degree Crime).

(1) a. operate or maintain
b. aid, promote, finance or otherwise participate in the maintenance or operation of
(2) a. methamphetamine (or its analog)
b. lysergic acid diethylamide (LSD) (or its analog)
c. phencyclidine (PCP) (or its analog)
d. gamma hydroxybutyrate (GHB) (or its analog)
f. flunitrazepam (or its analog)
g. marijuana in an amount greater than five pounds or 10 plants
h. (name of CDS), a Schedule I controlled dangerous substance (or its analog)
i. (name of CDS), a Schedule II controlled dangerous substance (or its analog)"
Booby Traps in Manufacturing or Distribution Facilities

2C:35-4.1b

1ST/2ND

"within the jurisdiction of this court, knowingly (1) a booby trap on property used for the manufacture, distribution, dispensing, or possession or control with intent to manufacture, distribute, or dispense controlled dangerous substances, specifically by 
in violation of N.J.S. 2C:35-4.1b (A (see Grading) Degree Crime).

(1) a. assemble
b. maintain
c. place
d. cause to be placed

*****A First Degree Crime if the booby trap causes bodily injury to any person. "
Fortified Premises

2C:35-4.1c

3RD

"within the jurisdiction of this court, fortify or maintain in a fortified condition a structure for the manufacture, distribution, dispensing, or possession or control with intent to manufacture, distribute, or dispense controlled dangerous substances, specifically by 
in violation of N.J.S. 2C:35-4.1c (A Third Degree Crime)."
Manufacturing, Distributing, or Dispensing

2C:35-5a(1)

Grading"within the jurisdiction of this court, knowingly or purposely (1) (2) ,
specifically by
in violation of N.J.S. 2C:35-5a(1) and N.J.S. 2C: * (A (see below) Degree Crime).

1. a. manufacture b. distribute c. dispense
    d. possess or control with intent to 1a or 1b or 1c

2. a. heroin (or its analog) in a quantity of 5 ounces or more (* 35-5b(1))
                                           First Degree Crime
    b. cocaine (or its analog) in a quantity of 5 ounces or more (*35-5b(1))
                                           First Degree Crime
    c. heroin (or its analog) in a quantity of one ½ ounce or more but less
        than 5 ounces (* 35-5b(2)) 
                                         Second Degree Crime
    d. cocaine (or its analog) in a quantity of one ½ ounce or more but less
        than 5 ounces (* 35-5b(2)) 
                                         Second Degree Crime
    e. heroin (or its analog) in a quantity of less than a ½ ounce (* 35-5b(3))
                                          Third Degree Crime
     f. cocaine (or its analog) in a quantity of less than a ½ ounce (* 35-5b(3))
                                          Third Degree Crime"
Manufacturing, Distributing, or Dispensing

2C:35-5a(2)

Grading"within the jurisdiction of this court, knowingly or purposely, (1) a counterfeit
controlled dangerous substance, specifically by
in violation of N.J.S. 2C:35-5a(2) and N.J.S. 2C: * (A (see Grading) Degree Crime).

1. a. create b. distribute c. possess or control with intent to distribute
          

* Insert appropriate statute"
Manufacturing, Distributing, or Dispensing (Heroin or Cocaine > 5oz)

2C:35-5b(1)

1ST"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(1) ) (A First Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. heroin (or its analog) in a quantity of 5 ounces or more
b. cocaine (or its analog) in a quantity of 5 ounces or more "
Manufacturing, Distributing, or Dispensing (Heroin or Cocaine 1/2oz - 5oz)

2C:35-5b(2)
2ND"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(2) (A Second Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. heroin (or its analog) in a quantity of ½ ounce or more, but less than 5 ounces
b. cocaine (or its analog) in a quantity of ½ ounce or more, but less than 5 ounces"
Manufacturing, Distributing, or Dispensing (Heroin or Cocaine < 1/2oz)

2C:35-5b(3) 3RD"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(3) (A Third Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. heroin (or its analog) in a quantity of less than ½ of an ounce 
b. cocaine (or its analog) in a quantity of less than a ½ of an ounce"
Manufacturing, Distributing, or Dispensing (Schedule I or II Narcotic > 1oz)

2C:35-5b(4) 2ND"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(4) (A Second Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. INSERT NAME OF SPECIFIC CDS, a Schedule I narcotic drug (or its analog) in a quantity of 1 ounce or more 
b. INSERT NAME OF SPECIFIC CDS a Schedule II narcotic drug (or its analog) in a quantity of 1 ounce or more"
Manufacturing, Distributing, or Dispensing (Schedule I or II Narcotic < 1oz)

2C:35-5b(5) 3RD"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(5) (A Third Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. INSERT NAME OF SPECIFIC CDS, a Schedule I narcotic drug (or its analog) in a quantity of less than 1 ounce
b. INSERT NAME OF SPECIFIC CDS a Schedule II narcotic drug (or its analog) in a quantity of less than 1 ounce"
Manufacturing, Distributing, or Dispensing (LSD > 100mg or PCP > 10g)

2C:35-5b(6) 1ST"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(6) (A First Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. lysergic acid diethylamide (LSD) (or its analog) in a quantity of 100 milligrams or more
b. phencyclidine (PCP) (or its analog) in a quantity of 10 grams or more"
Manufacturing, Distributing, or Dispensing (LSD < 100mg or PCP < 10g)

2C:35-5b(7) 2ND"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(7) (A Second Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. lysergic acid diethylamide (LSD) (or its analog) in a quantity of less than 100 milligrams
b. phencyclidine (PCP) (or its analog) in a quantity of less than 10 grams"
Manufacturing, Distributing, or Dispensing (Methamphetamine or P2P > 5oz)

2C:35-5b(8) 1ST"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(8) (A First Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. methamphetamine (or its analog) in a quantity of 5 ounces or more
b. phenyl-2-propanone (P2P) (or its analog) in a quantity of 5 ounces or more"
Manufacturing, Distributing, or Dispensing (Methamphetamine or P2P 1/2oz - 5oz)

2C:35-5b(9)(a)

2ND"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(9)(a) (A Second Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. methamphetamine (or its analog) in a quantity of ½ ounce or more but less than 5 ounces
 b phenyl-2-propanone (P2P) (or its analog) in a quantity of ½ ounce or more but
less than 5 ounces"
Manufacturing, Distributing, or Dispensing (Methamphetamine or P2P < 1/2oz)

2C:35-5b(9)(b)
3RD"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(9)(b) (A Third Degree Crime).

(1) a. manufacture
b. distribute
c. dispense
d. possess or control with intent to manufacture, distribute or dispense

(2) a. methamphetamine (or its analog) in a quantity of less than a ½ ounce
 b. phenyl-2-propanone (P2P) (or its analog) in a quantity of less than a ½ ounce"
Manufacturing, Distributing, or Dispensing (Marijuana or Hashish)

2C:35-5b(10)(a)

1ST"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(10)(a) (A First Degree Crime).

(1) a. manufacture
     b. distribute
     c. dispense
     d. possess or control with intent to manufacture, distribute or dispense

(2) a. marijuana in a quantity of 25 pounds or more
     b. 50 or more marijuana plants
     c. hashish in a quantity of 5 pounds or more"
Manufacturing, Distributing, or Dispensing (Marijuana or Hashish)

2C:35-5b(10)(b)

2ND"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by 
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(10)(b) (A Second Degree Crime).

(1) a. manufacture
     b. distribute
     c. dispense
     d. possess or control with intent to manufacture, distribute or dispense

(2) a. marijuana in a quantity of 5 pounds or more but less than 25 pounds
     b. 10 or more but fewer than 50 marijuana plants
     c. hashish in a quantity of one pound or more but less than 5 pounds"
Manufacturing, Distributing, or Dispensing (Marijuana or Hashish)

2C:35-5b(11)

3RD"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(11) (A Third Degree Crime).

(1) a. manufacture
     b. distribute
     c. dispense
     d. possess or control with intent to manufacture, distribute or dispense

(2) a.marijuana in a quantity of one ounce or more but less than 5 pounds
     b. hashish in a quantity of 5 grams or more but less than one pound"
Manufacturing, Distributing, or Dispensing (Marijuana or Hashish)

2C:35-5b(12)

4TH"within the jurisdiction of this court, knowingly or purposely (1) (2),
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C:35-5b(12) (A Fourth Degree Crime).

(1) a. manufacture
     b. distribute
     c. dispense
     d. possess or control with intent to manufacture, distribute or dispense

(2) a. marijuana in a quantity of less than one ounce
     b. hashish in a quantity of less than 5 grams"
Manufacturing, Distributing, or Dispensing (Schedule I, II, III, IV)

2C:35-5b(13)

3RD"within the jurisdiction of this court, knowingly or purposely (1) (2) ,
specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C: 35-5b(13) (A Third Degree Crime).
1. a. manufacture b. distribute c. dispense
d. possess or control with intent to manufacture, distribute or dispense

2. a. (name of cds), a Schedule I narcotic drug (or its analog)
    b. (name of cds), a Schedule II narcotic drug (or its analog)
    c. (name of cds), a Schedule III narcotic drug (or its analog)
    d. (name of cds), a Schedule IV narcotic drug (or its analog)"
Manufacturing, Distributing, or Dispensing (Schedule V)

2C:35-5b(14)

4TH"within the jurisdiction of this court, knowingly or purposely (1) (name of cds), a Schedule V narcotic drug (or its analog), specifically by
in violation of N.J.S. 2C:35-5a(1) or (2) and N.J.S. 2C: 35-5b(14) (A Fourth Degree Crime).
1. a. manufacture b. distribute c. dispense
    d. possess or control with intent to manufacture, distribute or dispense"
Employing a Juvenile in a Drug Distribution Scheme

2C: 35-6

2ND"within the jurisdiction of this court, while being at least 18 years of age, knowingly use, solicit, direct, hire or employ a person 17 years of age or younger to violate (1) , specifically by
in violation of N.J.S. 2C:35-6 (A Second Degree Crime).

1. a. N.J.S. 2C:35-4 b. N.J.S. 2C:35-5a"
Distribution On or Within 1000 ft of School Property

2C: 35-7a

2ND"within the jurisdiction of this court, knowingly distribute, dispense, or possess with intent to distribute a controlled dangerous substance or its analog, (1), specifically by
in violation of N.J.S. 2C:35-7a (A Second Degree Crime).

1. a. while on school property used for school purposes which is owned by or leased to
        (name of school or school board)
    b. while within 1,000 feet of school property used for school purposes which is owned
        by or leased to (name of school or school board)
    c. while within 1,000 feet of a school bus
    d. while on a school bus"
Possession (Sched. I - IV)

2C: 35-10a(1)

3RD"within the jurisdiction of this court, knowingly or purposely obtain or possess,
actually or constructively, a controlled dangerous substance or a controlled substance analog classified in Schedule I, II, III or IV that was not obtained directly, or pursuant to a valid prescription or order form from a practitioner, specifically by
in violation of N.J.S. 2C:35-10a(1) (A Third Degree Crime)."
Possession (Sched. V)

2C: 35-10a(2)

4TH"within the jurisdiction of this court, knowingly or purposely obtain or possess,
actually or constructively, a controlled dangerous substance or a controlled substance analog classified in Schedule V that was not obtained directly, or pursuant to a valid prescription or order form from a practitioner, specifically by
in violation of N.J.S. 2C:35-10a(2) (A Fourth Degree Crime)."
Possession (MJ 6oz+ or Hash 17g+) 

2C: 35-10a(3)

4TH"within the jurisdiction of this court, knowingly or purposely obtain or possess,
actually or constructively, (1) that was not obtained directly, or pursuant to a
valid prescription or order form from a practitioner, specifically by
in violation of N.J.S. 2C:35-10a(3) (A Fourth Degree Crime).

(1) a. more than 6 ounces of marijuana
      b. more than 17 grams of hashish"
Use or Under the Influence

2C: 35-10b
DP"within the jurisdiction of this court, use or be under the influence of a controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician, specifically by
in violation of N.J.S. 2C:35-10b (A Disorderly Persons Offense)."
Failure to Make Lawful Disposition

2C: 35-10c
DP"within the jurisdiction of this court, knowingly obtain or possess a controlled
dangerous substance or controlled substance analog in violation of N.J.S. 2C:35-10a and fail to voluntarily deliver that substance to the nearest law enforcement officer, specifically by
in violation of N.J.S. 2C:35-10c (A Disorderly Persons Offense)."
Possession GHB

2C: 35-10.2a

3RD"within the jurisdiction of this court, knowingly or purposely obtain or possess gamma hydroxybutyrate (GHB) that was not obtained directly, or pursuant to a valid prescription or order form from a practitioner, specifically by
in violation of N.J.S. 2C:35-10.2a (A Third Degree Crime)."
Possession Flunitrazepam

2C: 35-10.3a

3RD"within the jurisdiction of this court, knowingly or purposely obtain or possess Flunitrazepam that was not obtained directly, or pursuant to a valid prescription or order form from a practitioner, specifically by
in violation of N.J.S. 2C:35-10.3a (A Third Degree Crime)."
Toxic Chemicals (use)

2C: 35-10.4b(1)

DP"within the jurisdiction of this court, inhale the fumes of any toxic chemical for the purpose of causing a condition of intoxication, specifically by
in violation of N.J.S. 2C:35-10.4b(1) (A Disorderly Persons Offense)."
Toxic Chemicals (possess)
2C: 35-10.4b(2)

DP"within the jurisdiction of this court, possess any toxic chemical for the purpose of causing a condition of intoxication, specifically by
in violation of N.J.S. 2C:35-10.4b(2) (A Disorderly Persons Offense)."
Toxic Chemicals (sell or offer to sell)

2C: 35-10.4c

4TH"within the jurisdiction of this court, (1) any substance containing a toxic
chemical knowing the intended use of the product was to cause a condition of
intoxication, specifically by
in violation of N.J.S. 2C:35-10.4c (A Fourth Degree Crime).

1. a sell b. offer to sell"
Toxic Chemicals (sell or offer to sell product without additive)

2C: 35-10.4c

4TH"within the jurisdiction of this court, (1) any substance containing a toxic
chemical knowing the product did not include an additive required by the
Commission of the State Department of Health and Senior Services to discourage the inhalation of vapors of the product to cause a condition of intoxication, specifically by
in violation of N.J.S. 2C:35-10.4c (A Fourth Degree Crime).

1. a sell b. offer to sell"
Prescription Legend Drugs (distribute 4 or fewer dosage units)

2C: 35-10.5a(1)

DP"within the jurisdiction of this court, knowingly distribute a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units not lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, specifically by
in violation of N.J.S. 2C:35-10.5a(1) (A Disorderly Persons Offense)."
Prescription Legend Drugs (distribute for pecuniary gain)

2C: 35-10.5a(2)

4TH"within the jurisdiction of this court, knowingly (1) for pecuniary gain a
prescription legend drug or stramonium preparation in an amount of four or fewer
dosage units not lawfully prescribed or administered by a licensed physician,
veterinarian, dentist or other practitioner authorized by law to prescribe medication, specifically by
in violation of N.J.S. 2C:35-10.5a(2) (A Fourth Degree Crime).

1. a distribute b. possess or have under his control with intent to distribute"
Prescription Legend Drugs (between 5 – 100 dosage units)

2C: 35-10.5a(3)

3RD"within the jurisdiction of this court, knowingly (1) a prescription legend drug or
stramonium preparation in an amount of at least five but fewer than 100 dosage units not lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, specifically by in violation of N.J.S. 2C:35-10.5a(3) (A Third Degree Crime).
 
1. a distribute b. possess or have under his control with intent to distribute"
Prescription Legend Drugs (100 or more dosage units)

2C: 35-10.5a(4)

2ND"within the jurisdiction of this court, knowingly (1) a prescription legend drug or stramonium preparation in an amount of 100 or more dosage units not lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, specifically by
in violation of N.J.S. 2C:35-10.5a(4) (A Second Degree Crime).
  

1. a distribute b. possess or have under his control with intent to distribute"
Prescription Legend Drugs (illegal use)

2C: 35-10.5b

DP"within the jurisdiction of this court, use a prescription legend drug or stramonium preparation for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, specifically by
in violation of N.J.S. 2C:35-10.5b (A Disorderly Persons Offense)."
Prescription Legend Drugs (obtain by forgery)

2C: 35-10.5d

4TH"within the jurisdiction of this court, obtain or attempt to obtain possession of a prescription legend drug or stramonium preparation by forgery or deception, specifically by
in violation of N.J.S. 2C:35-10.5d (A Fourth Degree Offense)."
Prescription Legend Drugs (possess 4 or fewer dosage units)

2C: 35-10.5e(1)

DP"within the jurisdiction of this court, knowingly possess, actually or constructively, a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units not lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication,
specifically by
in violation of N.J.S. 2C:35-10.5e(1) (A Disorderly Persons Offense)."
Prescription Legend Drugs (possess 5 or more dosage units)

2C: 35-10.5e(2)
4TH"within the jurisdiction of this court, knowingly possess, actually or constructively, a prescription legend drug or stramonium preparation in an amount of five or more dosage units not lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, specifically by
in violation of N.J.S. 2C:35-10.5e(2) (A Fourth Degree Crime)."
Imitation Controlled Dangerous Substance (distribute)

2C: 35-11a(1)

3RD"within the jurisdiction of this court, (1) a substance which is not a controlled
dangerous substance or controlled substance analog upon the express or implied representation to the recipient that the substance is a controlled dangerous substance or controlled substance analog, specifically by
in violation of N.J.S. 2C:35-11a(1) (A Third Degree Crime).

1. a distribute b. possess or have under his control with intent to distribute"
Imitation Controlled Dangerous Substance (distribute)

2C: 35-11a(2)

3RD"within the jurisdiction of this court, (1) a substance which is not a controlled
dangerous substance or controlled substance analog upon the express or implied representation to the recipient that the substance is of such nature, appearance or effect that the recipient will be able to distribute or use the substance as a controlled dangerous substance or controlled substance analog, specifically by
in violation of N.J.S. 2C:35-11a(2) (A Third Degree Crime).

1. a distribute b. possess or have under his control with intent to distribute"
Imitation Controlled Dangerous Substance (distribute)

2C: 35-11a(3)
3RD"within the jurisdiction of this court, (1) a substance which is not a controlled
dangerous substance or controlled substance analog under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous substance or controlled substance analog., specifically by
in violation of N.J.S. 2C:35-11a(3) (A Third Degree Crime).

1. a distribute b. possess or have under his control with intent to distribute"
Imitation Controlled Dangerous Substance
2C: 35-11b
3RD"within the jurisdiction of this court, manufacture, compound, encapsulate, package or imprint any substance which is not a controlled dangerous substance, controlled substance analog or any combination of such substances, other than a prescription drug, with the purpose that it resemble or duplicate the physical appearance of the finished form, package, label or imprint of a controlled dangerous substance or controlled substance analog, specifically by
in violation of N.J.S. 2C:35-11b (A Third Degree Crime)."
Obtaining by Fraud

2C: 35-13

3RD"within the jurisdiction of this court, acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge, specifically by
in violation of N.J.S. 2C:35-13 (A Third Degree Crime)."
Possession of Certain Prescription Drugs (in other than prescribed container)

2C: 35-24

DP"within the jurisdiction of this court, possess a controlled dangerous substance that was prescribed or dispensed lawfully in a container other than the one it was dispensed in excess of a 10-day supply, specifically by
in violation of N.J.S. 2C:35-24 (A Disorderly Persons Offense)."
Possession of Certain Prescription Drugs (in other than prescribed container)

2C: 35-24

DP"within the jurisdiction of this court, possess a controlled dangerous substance that was prescribed or dispensed lawfully in a container other than the one it was dispensed in excess of a 10-day supply, specifically by
in violation of N.J.S. 2C:35-24 (A Disorderly Persons Offense)."
Showing entries (filtered from total entries)

2C: 35-10

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, 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 $35,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in Schedule V, 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 $15,000.00 may be imposed;
(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish 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; or
(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
L.1987, c.106, s.1; amended 1988, c.44, s.5; 1997, c.181, s.6.

2C: 35-10.5

Prescription legend drugs

a. A person who knowingly:
(1) distributes a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person;
(2) distributes for pecuniary gain or possesses or has under his control with intent to distribute for pecuniary gain a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the fourth degree;
(3) distributes or possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of at least five but fewer than 100 dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the third degree. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $200,000 may be imposed; or
(4) distributes or possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of 100 or more dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the second degree. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $300,000 may be imposed.
Notwithstanding the above, a violation of paragraph (1) or (3) of this subsection shall be deemed a de minimis infraction subject to dismissal pursuant to N.J.S. 2C:2-11 if the person demonstrates that the conduct involved no more than six dosage units distributed within a 24-hour period, that the prescription legend drug or stramonium preparation was lawfully prescribed for or administered to that person by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, and that the person intended for the amount he distributed to be solely for the recipient's personal use.
b. A person who uses any prescription legend drug or stramonium preparation for a purpose other than treatment of sickness or injury as lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person.
c. A defendant may be convicted for a violation of subsection b. if the State proves that the defendant manifested symptoms or reactions caused by the use of prescription legend drugs or stramonium preparation. The State need not prove which specific prescription legend drug or stramonium preparation the defendant used.
d. A person who obtains or attempts to obtain possession of a prescription legend drug or stramonium preparation by forgery or deception is guilty of a crime of the fourth degree. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of Title C of the New Jersey Statutes.
e. A person who knowingly possesses, actually or constructively:
(1) a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person; or
(2) a prescription legend drug or stramonium preparation in an amount of five or more dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the fourth degree.
Notwithstanding the above, a violation of this subsection shall be deemed a de minimis infraction subject to dismissal pursuant to N.J.S. 2C:2-11 if the person demonstrates that he unlawfully received no more than six dosage units within a 24-hour period, that the prescription legend drug or stramonium preparation was lawfully prescribed for or administered to the person from whom he had received it, and that the person possessed the prescription legend drug or stramonium preparation for solely for his personal use.
f. Where the degree of the offense for violation of this section depends on the number of dosage units of the prescription legend drug or stramonium preparation, the number of dosage units involved shall be determined by the trier of fact. Where the indictment or accusation so provides, the number of dosage units involved in individual acts of distribution or possession with intent to distribute may be aggregated in determining the grade of the offense, whether distribution is to the same person or several persons, provided that each individual act of distribution or possession with intent to distribute was committed within the applicable statute of limitations.
g. Subsections a. and e. of this section shall not apply to: a licensed pharmacy, licensed pharmacist, researcher, wholesaler, distributor, manufacturer, warehouseman or his representative acting within the line and scope of his employment; a physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication; a nurse acting under the direction of a physician; or a common carrier or messenger when transporting such prescription legend drug or stramonium preparation in the same unbroken package in which the prescription legend drug or stramonium preparation was delivered to him for transportation.
L.1999,c.90,s.8; amended 2005, c.205, s.2.

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