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.
Did the cops charge you with Controlled Dangerous Substances Near or On School Property?
New Jersey Criminal Lawyer Michael A. Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide confidential consultations in all cases involving Controlled Dangerous Substances Near or On School Property pursuant to N.J.S.A. 2c:35-7.