Hoboken cops recently charged a man while he was walking near a public housing complex with various offense. The cops approached the man because he allegedly had an arrest warrant for theft. But as the cops approached, the man walked away. Additionally, the cops claim he ignored their orders to stop. Furthermore, he allegedly ran from them. Moreover, when they caught him, he allegedly resisted handcuffs. Finally, they allegedly found a sandwich-type bag of marijuana and several Xanax pills without a valid prescription. Consequently, the cops charged him with marijuana possession and marijuana possession within 500 feet public housing. Additionally, the cops charged him with drug possession with intent to distribute within 500 feet public housing. Furthermore, they charged him with controlled dangerous substances near or on school property, and possession of drug paraphernalia. Finally, they charged him with defiant trespassing, bail jumping and resisting arrest.
Controlled Dangerous Substances Near or On School Property, N.J.S.A. 2c:35-7
Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any school 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 such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall, except as provided in N.J.S.2C:35-12, be sentenced by the court to a term of imprisonment.
It is an affirmative defense that the crime took place entirely within a private residence. Thus, the defendant must prove this defense by a preponderance of the evidence. Therefore, it is available only upon proof that:
- The offense took place totally within a private residence; and
- No person 17 years of age or younger was present anywhere in the residence at any time during the commission of the offense; and
- The offense was not committed for profit.
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