Bill > A714

Introduced Session

This bill would establish new classification schemes for certain controlled dangerous substances. Currently, the seriousness of a drug distribution offense is measured by reference to the amount, or weight, of controlled dangerous substances involved. However, some controlled dangerous substances, such as LSD and methamphetamine, are not sold by weight and may therefore be difficult to measure in terms of the seriousness of the offense committed. This bill would give prosecutors the option to instead grade the seriousness of a drug distribution offense by reference to the number of units involved, rather than the weight of the drugs. Under this bill, a unit would be defined as either the smallest discrete pill, tablet, capsule, vial, packet, fold or other unit of distribution or packaging of the controlled dangerous substance, or the amount which is commonly distributed for consumption at one time by an individual to achieve the desired effect, whichever method of measurement results in the greater number of units. The charge by "units" would apply only to persons who manufacture, distribute, or possess illicit drugs with the intent to distribute. It would not apply to determine the seriousness of "simple possession" drug offenses. The bill provides that the number of units or plants of a substance manufactured, distributed, dispensed, or possessed or controlled with intent to manufacture, distribute, or dispense shall not be used to determine whether an offense has been committed or the degree of the offense unless the indictment or accusation so provides, and the indictment or accusation shall specify whether the degree of the offense is based on the quantity of the substance or the number of units or plants of the substance, or both methods of measurement. Where the indictment or accusation provides that the degree of the offense is based on the number of units of the substance, the indictment or accusation shall further specify whether the number of units involved is based on the number of discrete pills, tablets, capsules, vials, packets, folds or other units of distribution or packaging of the controlled dangerous substance, or based on the amount which is commonly distributed for consumption at one time by an individual to achieve the desired effect, or based on both methods of measurement to determine the number of units involved. The bill would also establish a new classification scheme for the crime of distribution of heroin to make the weights comparable, in terms of amounts commonly consumed, to the weights required for cocaine. Under current law, the distribution of heroin and cocaine are punishable as if they were the same substance. However, heroin provides more pharmacological effect from a given weight than does cocaine. Thus, in effect, the current statutes allow those who distribute heroin to be treated more leniently than those who distribute cocaine. Consequently, the new classification scheme established under the bill for the crime of distribution of heroin or cocaine would be as follows: A person would be guilty of a crime of the first degree for manufacturing, distributing or possessing with intent to distribute: · one ounce or more of heroin (instead of the current five ounces or more), or · five ounces or more of cocaine (unchanged from current law), or · 500 or more units of either cocaine or heroin. A person would be guilty of a crime of the second degree for manufacturing, distributing or possessing with intent to distribute: · one-quarter ounce or more but less than one ounce of heroin (instead of the current amount of one-half ounce or more but less than five ounces ), or · one-half ounce or more but less than five ounces of cocaine (unchanged from current law), or · 100 or more units, but fewer than 500 units, of cocaine or heroin. A person would be guilty of a crime of the third degree for manufacturing, distributing or possessing with intent to distribute the following: · less than one-quarter ounce (instead of the current amount of less than one-half ounce) of heroin, or · less than one-half ounce of cocaine (unchanged from current law), or · fewer than 100 units of cocaine or heroin. The mandatory minimum terms of imprisonment under the statute and the mandatory minimum fines remain unchanged except for crimes involving heroin with certain high levels of purity. These crimes would carry mandatory minimum terms of imprisonment. Under the bill, if a person is convicted of the first degree crime of distributing or possessing with intent to distribute heroin or its analog in a quantity of one ounce or more or 500 or more units, and the aggregate amount of drug, whether determined by weight or by the number of units, is comprised of 70 percent or more of actual heroin or analog and 30 percent or less of adulterants or dilutants, the court would be required, except as provided in N.J.S.2C:35-12, to impose a term of imprisonment of 10 years during which the defendant would be ineligible for parole, or 15 years of parole ineligibility if the defendant is subject to an extended term under subsection f. of N.J.S.2C:43-6. The bill provides that for purposes of imposing the enhanced sentence, the purity of the heroin or its analog would be determined by the trier of fact. The enhanced sentence could not be imposed unless the indictment or accusation provides that the aggregate amount of heroin or its analog is comprised of 70 percent or more of actual heroin or analog and 30 percent or less of adulterants or dilutants. The bill would also add the "units" measurement scheme for the following: (1) the first degree crimes of distributing or possessing with intent to distribute: (a) lysergic acid diethylamide (LSD), or its analog, in a quantity of 100 milligrams or more or 500 or more units; or phencyclidine, or its analog, in a quantity of 10 grams or more or 500 or more units; or (b) methamphetamine, or its analog, or P2P, in a quantity of five ounces or more or 500 or more units. (2) the second degree crimes of distributing or possessing with intent to distribute: (a) lysergic acid diethylamide (LSD), or its analog, in a quantity of less than 100 milligrams or 100 or more units but fewer than 500 units or phencyclidine, or its analog, in a quantity of less than 10 grams or 100 or more units but fewer than 500 units; or (b) methamphetamine, or its analog, or P2P, in a quantity of one-half ounce or more but less than five ounces or 100 or more units but fewer than 500 units. (The third degree crime for distributing or possessing with intent to distribute methamphetamine, or its analog, or P2P, in a quantity of less than one-half ounce remains unchanged.) The gradation scheme for distributing or possessing with intent to distribute marijuana and hashish remain unchanged, as does the gradation scheme for other controlled dangerous substances classified in Schedules I, II, III, IV, and V.

AI Summary

Committee Categories

DiAnne Gove (R)*,  Kevin Rooney (R)*,  Brian Rumpf (R)*,  Greg McGuckin (R),  Erik Peterson (R),  Beth Sawyer (R),  Parker Space (R),  Harold Wirths (R), 

Introduced, Referred to Assembly Law and Public Safety Committee (on 01/11/2022)

Official Document