2C:35-7. Distribution on or within 1,000 feet of school property
Drug crimes account for the vast majority of cases in New Jersey courts. In addition to possible incarceration, defendants convicted of and CDS crime in New Jersey face 6 to 24 months of driver’s license suspension, a criminal record and high fines. Our New Jersey CDS defense attorneys will fight for you regardless of what type of possession or distribution charge you are facing. With four offices in New Jersey, our CDS defense attorneys can represent you in any court in New Jersey. For more than 35 years, we have fought for thousands of clients and successfully defended them against all New Jersey CDS charges.
Our New Jersey CDS defense attorneys can represent you in any court in New Jersey with regard to any of these charges:
- Possession of Marijuana, 2C:35-10A(4)
- Distribution of Marijuana, 2C:35-5b(10)
- Drug Paraphernalia, 2C:36-2
- Possession of Hypodermic Needle, 2C:36-6
- Possession of CDS, 2C:35-10
- Possession of Prescription Drugs, 2C:35-24
- Possession With Intent, 2C:35-5
- School Zone, 2C:35-7
- Distribution on Public Property, 2C:35-7.1
- Maintaining a CDS Production Facility, 2C:35-4
- Manufacturing Flunitrazepam, 2C:35-5.3
- Possession of Flunitrazepam, 2C:35-10.3
- Manufacturing Gamma Hydroxybutyrate, 2C:35-5.2
- Possession of Gamma Hydroxybutyrate, 2C:35-10.2
- Meth, 2C:35-5b(9)
- Obtaining CDS by Fraud, 2C:35-13
- Drug-Induced Deaths, 2C:35-9
- Employing a Juvenile in Drug Distribution, 2C:35-6
- Leader of Narcotics Trafficking Network, 2C:35-3
- LSD, 2C:35-5b(7)
2C:35-7. School Zone
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. Where the violation involves less than one ounce of marijuana, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or one year, whichever is greater, during which the defendant shall be ineligible for parole. In all other cases, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $ 150,000.00 may also be imposed upon any conviction for a violation of this section.
Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for a violation of subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme).
It shall be no defense to a prosecution for a violation of this section that the actor was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property. Nor shall it be a defense to a prosecution under this section, or under any other provision of this title, that no juveniles were present on the school property at the time of the offense or that the school was not in session.
It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person 17 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.
From Newark to Trenton, Jersey City to Atlantic City, our narcotics defense lawyers will fight you in any court in New Jersey. With an office in New Brunswick, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your New Jersey drug charges!
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