Heroin Possession With Intent to Distribute

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Heroin Possession With Intent to Distribute, contrary to N.J.S.A. 2c:35-5

New Jersey law prohibits controlled dangerous substance (CDS) possession with intent to distribute. It is defined as

any person who knowingly or purposely:

  1. manufactures, distributes, or dispenses, or possesses or has under his control with intent to manufacture, distribute or dispense, CDS or CDS analog, or
  2. creates, distributes, or possesses or has under his control with intent to distribute counterfeit CDS.

The degree and penalties for heroin possession with intent to distribute, based on N.J.S.A. 2C:35-5, depend on the amount of heroin, including any adulterants or dilutants.

First Degree Crime

Quantity: Five ounces or more
State Prison: Between ten years and twenty years
Mandatory minimum: One-third to one-half of sentence
Fines: Between $200,000.00 and $500,000.00
DEDR Penalty*: $3,000.00

Second Degree Crime

Quantity: One-half ounce but less than five ounces
State Prison: Between five years and ten years
Fines: Up to $150,000.00
DEDR Penalty*: $2,000.00

Third Degree Crime

Quantity: less than one-half ounce
State Prison: Between three years and five years
Fines: Between $15,000.00 and $75,000.00
DEDR Penalty*: $1,000.00

Additional Penalties

Restraining Order
Drug Court: for qualified applicants
Victims of Crime Compensation Office Penalty (VCCO): $50
Law Enforcement Officer Training & Equipment Fund: $30
Safe Neighborhood Services Fund Assessment: $75
Drug Abuse Education Fund: $50
Lab Fee: $50
Driver’s License Suspension: Up to two years
Court Costs

*DEDR stands for Drug Enforcement Demand Reduction.

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding CDS Possession With Intent to Distribute. Call Now—(856) 812-0321.