Manufacturing, Distributing, or Dispensing CDS

New Jersey Attorney Defending Those Accused of Manufacturing or Distributing Drugs

Being charged with Drug Manufacturing or Distribution is taken very seriously in New Jersey, and a conviction for Manufacturing or Distributing Drugs can have devastating consequences including jail or prison time. It can also impact employment, housing, finances, education, reputation, and relationships. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side.

Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Drug Manufacturing or Distribution. With a proven track record of success, Ms. Denholtz has handled approximately 1,500 felony-level cases to conclusion, including countless Drug Manufacturing or Distribution cases.

At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. If you or a loved one are facing Drug Manufacturing or Distribution charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Manufacturing, Distributing, or Dispensing CDS (N.J.S.A. 2C:35-5)

Manufacturing, Distributing, Dispensing CDS: Under N.J.S.A. 2C:35-5(a), it shall be unlawful for any person knowingly or purposely:

To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

Grading of Manufacturing, Distributing, or Dispensing CDS:

Heroin, Cocaine, MDMA/Ecstasy:

1st Degree Offense (5 Ounces or More): Under N.J.S.A. 2C:35-5(b)(1), any person who violates N.J.S.A. 2C:35-5(a) with respect to heroin, coca leaves, or MDMA/ecstasy, in a quantity of 5 ounces or more including any adulterants or dilutants is guilty of a crime of the 1st degree. A 1st degree offense is punishable by up to 20 years in New Jersey State Prison. The defendant must be sentenced to a term of imprisonment which shall include a minimum period of parole ineligibility set at 1/3 to 1/2 of the sentence. The Court may also impose a fine of up to $500,000.
2nd Degree Offense (1/2 Ounce to 5 Ounces): Any person who violates N.J.S.A. 2C:35-5(a) with respect to the substances listed in subparagraph (b)(1) in a quantity of 1/2 ounce to 5 ounces, including any adulterants or dilutants is guilty of a crime of the 2nd degree. A 2nd degree offense is punishable by up to 10 years in New Jersey State Prison. The Court may also impose a fine of up to $150,000.
3rd Degree Offense (Less Than 1/2 Ounce): Any person who violates N.J.S.A. 2C:35-5(a) with respect to the substances listed in subparagraph (b)(1) in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the 3rd degree. A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison. The Court may also impose a fine of up to $75,000.

Narcotic Schedule I or II Drugs:

2nd Degree Offense for Narcotics Schedule I or II (1 Ounce or More): Any person convicted of N.J.S.A. 2C:35-5(a) involving a substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of 1 ounce or more including any adulterants or dilutants is guilty of a crime of the 2nd degree, which is punishable by up to 10 years in prison. The Court may also impose a fine of up to $150,000.
3rd Degree Offense for Narcotics Schedule I or II (Less Than 1 Ounce): Any person convicted of N.J.S.A. 2C:35-5(a) involving a substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of less than 1 ounce including any adulterants or dilutants is guilty of a crime of the 3rd degree offense, which is punishable by up to 5 years in New Jersey State Prison. The Court may also impose a fine of up to $75,000.

LCD or PCP:

1st Degree Offense for LSD or PCP (100ML+ or 10+ Grams): Any person convicted of N.J.S.A. 2C:35-5(a) involving a substance classified as LSD in a quantity of 100 milligrams or more including any adulterants or dilutants, or PCP in a quantity of 10 grams or more including any adulterants or dilutants, is guilty of a crime of the 1st degree. A 1st degree offense is punishable by up to 20 years in New Jersey State Prison. The court must impose a term of imprisonment which shall include the imposition of a minimum term, fixed at, or between, one-third and one-half of the sentence imposed by the court, during which the defendant shall be ineligible for parole. The Court may also impose a fine of up to $500,000.
2nd Degree Offense for LSD or PCP (Less Than 100ML+ or Less Than 10+ Grams): Any person convicted of N.J.S.A. 2C:35-5(a) involving a substance classified as LSD in a quantity less than 100 milligrams or more including any adulterants or dilutants, or PCP in a quantity less than 10 grams or more including any adulterants or dilutants, is guilty of a crime of the 2nd degree. A 2nd degree offense is punishable by up to 10 years in New Jersey State Prison. The Court may also impose a fine of up to $150,000.

Methamphetamine:

1st Degree Offense for Methamphetamine (5 Ounces or More): Any person convicted of N.J.S.A. 2C:35-5(a) involving a substance classified as methamphetamine, or its analog, in a quantity of 5 ounces or more including any adulterants or dilutants is guilty of a crime of the 1st degree. A 1st degree offense is punishable by up to 20 years in New Jersey State Prison. The Court may also impose a fine of up to $300,000.
2nd Degree Offense for Methamphetamine (1/2 Ounce to 5 Ounces): Any person convicted of N.J.S.A. 2C:35-5(a) involving a substance classified as methamphetamine or its analog, in a quantity of 1/2 ounce or more but less than 5 ounces including any adulterants or dilutants is guilty of a crime of the 2nd degree. A 2nd degree offense is punishable by up to 10 years in New Jersey State Prison.
3rd Degree Offense for Methamphetamine (Less Than 1/2 Ounce): Any person convicted of N.J.S.A. 2C:35-5(a) involving a substance classified as methamphetamine, or its analog, in a quantity of less than 1/2 ounce including any adulterants or dilutants is guilty of a crime of the 3rd degree. A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison. The Court may also impose a fine of up to $75,000.

Marijuana:

1st Degree Offense for Marijuana: Any person convicted of N.J.S.A. 2C:35-5(a) involving marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of 5 pounds or more including any adulterants or dilutants, is guilty of a crime of the 1st degree. A 1st degree offense is punishable by up to 20 years in New Jersey State Prison. The Court may also impose a fine of up to $300,000.
2nd Degree Offense for Marijuana: Any person convicted of N.J.S.A. 2C:35-5(a) involving marijuana in a quantity of 5 pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of 1 pound or more but less than 5 pounds, including any adulterants and dilutants, is guilty of a crime of the second degree. A 2nd degree offense is punishable by up to 10 years in New Jersey State Prison.
3rd Degree Offense for Marijuana: Prior to the effective date of N.J.S.A. 2C:35-23.1, any person convicted of N.J.S.A. 2C:35-5(a) involving marijuana in a quantity of more than 1 ounce but less than 5 pounds including any adulterants or dilutants, or hashish in a quantity of more than 5 grams but less than 1 pound including any adulterants or dilutants, is guilty of a crime of the third degree. A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison. The Court may also impose a fine of up to $25,000.
Written Warning OR 4th Degree Offense for Marijuana: Prior to the effective date of N.J.S.A. 2C:35-23.1, any person convicted of N.J.S.A. 2C:35-5(a) involving marijuana in a quantity of 1 ounce or less including any adulterants or dilutants, or hashish in a quantity of 5 grams or less including any adulterants or dilutants, is, for a first offense, subject to a written warning, which also indicates that any subsequent violation is a crime punishable by a term of imprisonment, a fine, or both, and for a second or subsequent offense, is guilty of a crime of the fourth degree. A 4th degree offense is punishable by up to 18 months in New Jersey State Prison.

Any Other CDS Classified as Schedule I, II, III, or IV:

3rd Degree Offense for Other Schedule I, II, III, or IV CDS: Any person convicted of N.J.S.A. 2C:35-5(a) involving any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog, is guilty of a crime of the 3rd degree. A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison. The Court may also impose a fine of up to $25,000.

Schedule V Substances:

4th Degree Offense for Schedule V CDS: Any person convicted of N.J.S.A. 2C:35-5(a) involving any schedule V substance, or its analog, is guilty of a crime of the 4th degree, which is punishable by up to 18 months in New Jersey State Prison. The Court may also impose a fine of up to $25,000.

Contact a New Jersey Drug Offense Lawyer for a Free Consultation

Criminal cases are very complex and highly specialized. If you or a loved one are facing Drug Manufacturing or Distribution charges, it is crucial to hire an experienced criminal defense attorney. At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.